Kadir @ Kadar Khan vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1505

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Kadir @ Kadar Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.1778 of 2022
Decided On : 13-01-2022

Advocates Appeared:
Anupam Chouhan, Advocate, Tarun Pagare, Advocate
Final Result : Allowed

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail application - The applicant is facing trial concerning various offences under IPC and has been in custody since 07/10/2021 - The prosecutrix initially made no allegations against the applicant, later accusing him of rape, claiming consent - With investigations complete and trial expected to take a considerable time, the bail application is allowed, upon furnishing a bond of Rs.25,000 - Directions for compliance with bail conditions and COVID-19 guidelines are issued. (Paras 1-5)

(B) Bail considerations - The court emphasized the necessity to evaluate the facts and circumstances of the case without commenting on merits while considering bail applications. (Para 5)

Facts of the case:
The applicant was arrested in connection with a case involving allegations of kidnapping and rape. Statements from the prosecutrix varied, indicating a potential issue of consent. The applicant has been in custody since October of the same year and seeks bail as trial proceedings are anticipated to be prolonged.

Findings of Court:
The court permits bail contingent on a personal bond and local surety to ensure the applicant's attendance at trial. Compliance with applicable legal provisions and health guidelines is mandated.

Issues: The primary issues addressed include the nature of the allegations against the applicant and the justification for granting bail despite serious charges.

Ratio Decidendi: The court highlighted the principle that custody should not be extended indefinitely if the trial is to take a long time and noted the lack of sufficient grounds to deny bail based on the current circumstances.

Result: Bail granted.

JUDGMENT

Rajendra Kumar Verma, J. - This is an application under Section 439 of CRIMINAL PROCEDURE CODE , 1973, filed by the applicant for grant of temporary bail during trial.

The applicant is facing trial in connection with Crime No.470/2021, registered at Police Station-Pithampur Sector No.1, District-Dhar, concerning offence under Sections 365 , 366, 376, 376(2)(n) and 506 of IPC, 1860. The applicant is in jail since 07/10/2021.

As per prosecution story on 31/08/2021 complainant lodged a missing person report that the applicant forcefully took his wife in front of Flexituf Company. Later on a formal FIR was rigistered.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. Prosecutrix is a major married lady. In her statement recorded under Section 164 of Cr.P.C on 07/10/2021, she has stated nothing against the applicant, however, later on when her statement under Section 164 of Cr.P.C was again recorded on 19/10/2021, she has made allegation of rape against the applicant. She has gone with the applicant on her own free will and it is a matter of consent. The applicant is in custody since 07/10/2021, investigation is over, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Panel lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his/her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five Thousand Only) with one local surety in the like amount to the satisfaction of the trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial.

It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

Click Here to Read the rest of this document