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DEEPAK KUMAR AGARWAL
Deepu Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 24.08.2021 in connection with Crime No.250/2021 by Police Station Bagchini, District Morena for the offence punishable under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO act.
As per prosecution story, on 07.08.2021 father of the prosecutrix Makhan Singh lodged a missing report about his daughter aged about 17 years 4 months alleging that she has eloped with some unknown person. On his report, crime under Section 363 of IPC was registered. Later on, she was recovered on 21.08.2021 from Morena. Her statement was recorded and in her statement she has stated that she is 17 years 4 months old. On 07.08.2021 at 1 pm without informing any family members, she went to Bagchini. She telephoned to the present applicant to come and take her with him. He told that he has no time then she forcibly again told him to come. Thereafter, the applicant came there and she along with him by taxi went to Morena, thereafter to Gwalior and later on by bus they went to Poona. They stayed at Poona for three days. Family members of the applicant t
Grant of bail based on the facts and circumstances of the case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
The court's decision on the bail application was based on the facts and circumstances of the case, without commenting on the merits of the case, and the conditions imposed for the release of the accu....
The court may grant bail based on the period of custody and without commenting on the merits of the case.
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