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VIJAY KUMAR SHUKLA
Arun – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.5/2021 registered at Police Station Civil Line, Dewas under Section 366, 363, 376(3), 376(2)(n) of the IPC and Sec.5(L)/6 of POCSO act.
Learned counsel for applicant submits that from reading the statement of the prosecutrix u/S.164 Cr.P.C, it is clear that she was a consenting party. She has also married the present applicant. The date of birth recorded in aadhar Card is 5/10/2003 and she was major on the date of the incident.
Counsel for State submits that the age of the prosecutrix as per the school scholar register is 11/5/2006 and, therefore, she was minor on the date of the incident.
However, taking into consideration the totality of facts of the case and the statement of the prosecutrix and also the fact that in the aadhar Card the date of birth is recorded of year 2003 and the parents have also disclosed the different dates in their statements, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that appli
The discrepancy in the recorded date of birth of the prosecutrix and the totality of facts influenced the court's decision to grant bail to the applicant.
The court considered the prosecutrix's statement and age in granting bail, without expressing any view on the merits of the case.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The court's decision to grant bail was based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite the State's opposition based on the age reco....
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
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