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RAJENDRA KUMAR VERMA
Ramesh Chandra Bairagi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - These are the first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime No.310/2021, registered at Police Station - Rajgarh, District - Dhar, concerning offence under Sections 376(2)(n), 366, 323 and 506 of IPC. The applicants are in jail since 01.12.2021.
As per the prosecution, the allegations against the applicant Vijay are that he has abducted the prosecutrix and committed rape upon her without her consent and the allegations against the applicant is that he has assaulted on the husband of the prosecutrix. Hence, the police has registered the crime against the applicants.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated. Both the applicants are father and son. The FIR was delayed by four and half months. The prosecutrix is a married lady and she was a consenting party and was living with the applicant for three months. applicant Ramesh Chandra was not named in the FIR at the time of lodging FIR. The prosecutrix was in contact with the applicant Vijay and chatting with him on whatsap even after the incid
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 court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
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 nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
The court's interpretation of Section 439 of the Criminal Procedure Code, 1973, in granting bail to the accused despite serious allegations of rape and threats.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
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