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IN THE HIGH COURT OF MADHYA PRADESH
Rajeev Kumar Dubey, J.
Sabbeer @ Baseer – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.970 of 2022
Decided On : 10-01-2022
Bail - Rape - The court allowed the bail application of the accused, considering the facts and circumstances of the case, the absence of a criminal past, and the time it would take for the conclusion of the trial. The accused was directed to comply with specific conditions upon release.
Fact of the Case:
The accused filed a bail application under Section 439 of the Cr.P.C. for the offence of rape, stating innocence and false implication. The prosecutrix alleged that the accused committed rape on 16/09/2020 and lodged the report on 24/09/2020. The accused had been in custody since 18/11/2021.
Finding of the Court:
The court allowed the bail application, considering the facts and circumstances of the case, the absence of a criminal past, and the time it would take for the conclusion of the trial. The accused was directed to comply with specific conditions upon release.
Issues: Bail application under Section 439 of the Cr.P.C. for the offence of rape, innocence and false implication claimed by the accused, and the time spent in custody.
Ratio Decidendi: The court considered the facts and circumstances of the case, the absence of a criminal past, and the time it would take for the conclusion of the trial in granting bail to the accused.
Final Decision: The bail application was allowed, and the accused was directed to comply with specific conditions upon release.
JUDGMENT
Rajeev Kumar Dubey, J. - In the absence of learned counsel for the applicant, the matter is considered on the basis of averments made by applicant in the petition.
Case diary perused.
This is the first application under Section 439 of the Cr.P.C. for grant of bail. applicant Sabbeer @ Baseer was arrested on 18/11/2021 in connection with Crime No.366/2020 registered at Police Station Chitrangi, District Singrauli for the offence punishable under Sections 366, 376, 450, 323, 506 of the IPC.
As per prosecution case on 16/09/2020 in the night at around 12:00 O'clock when prosecutrix was alone at her house located at village Chitrangi, applicant entered into her house and committed rape with her.
The applicant has averred in his petition that he is innocent and has falsely implicated in the case. The applicant has been in custody since 18/11/2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant committed rape with the prosecutrix on 16/09/2020 and for the first time Police arrested the applicant on 18/11/2021, so he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the prosecutrix was major, the alleged incident is said to have occured on 16/09/2020, while prosecutrix lodged the report on 24/09/2020, the applicant has no criminal past, he is in custody since 18/11/2021, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3.The applicant will not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. as per rules.
The court may grant bail considering the facts and circumstances of the case, the absence of a criminal past, and the time it would take for the conclusion of the trial.
The court may grant bail considering the circumstances, lack of apprehension of tampering with evidence, and the accused's custody since the incident.
The completion of investigation, filing of charge sheet, and the anticipated prolonged trial process were key factors influencing the court's decision to grant bail to the accused.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The court may grant bail considering the lack of criminal past, period of custody, and the likelihood of a prolonged trial, without commenting on the merits of the case.
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
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 court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
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