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RAJENDRA KUMAR VERMA
Kadir @ Kadar Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
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, inves
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'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 has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The absence of abetment alleged against the applicant and the prolonged trial period were key factors influencing the court's decision to grant temporary bail.
Bail is the rule and committal to jail is an exception, with the purpose of detention during trial being to secure the attendance of the accused, not punishment.
Court allows bail application due to lack of injuries and delayed FIR in a matrimonial case.
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