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DEEPAK KUMAR AGARWAL
Rakesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This second Criminal appeal has been filed under Section 14-a of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 against the order dated 23/12/2021 passed by Special Judge,Guna whereby the application of the appellant under Section 439 of Cr.P.C.for grant of bail has been rejected. The first application was dismissed as withdrawn vide order dated 05.01.2022 in Cr.a. No.13/2022.
Appellant is in custody since 07.12.2021 for the alleged offences registered at Crime No.1047/2021 at Police Station Cantt. District Guna (M.P.) for the offence punishable under Sections 344, 365, 366, 368, 376(2)(n), 376D, 506 of IPC and Sections 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 (for short 'the SC & ST act').
In brief, the prosecution case is that on 28.11.2021 husband of the prosecutrix ankit gave information at Police Station Guna saying that on 10.10.2021 by running away from the house he and prosecutrix solemnized marriage in a temple. Thereafter, started residing just like husband and wife. On 27.11.2021 at 9.00 PM after taking dinner he and is wife prosecutrix slept. On
The completion of investigation, filing of the charge sheet, and the time required for trial are important factors in considering bail applications.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The main legal point established is the court's discretion to grant anticipatory bail under the SC/ST Act, considering the facts and circumstances of the case and the need for a bail bond and surety ....
The court's decision emphasized the grant of anticipatory bail and the appellant's cooperation in the trial, without commenting on the merits of the case.
The exercise of judicial discretion in granting bail is based on the credibility of the allegations and the absence of misuse of interim protection, despite the completion of police investigation.
The court's decision emphasized the importance of cooperation in the trial and adherence to the conditions of anticipatory bail under Section 438 of Cr.P.C.
The court considered the period of custody and the circumstances of the case in allowing the bail application, without commenting on the merits of the case.
The court established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
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