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DEEPAK KUMAR AGARWAL
Chottu Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - Heard on I.a. No.134/2022, an application under section 301(2) of Cr.P.C. filed on behalf of the complainant to assist the prosecution.
For the reasons mentioned in the application, the same is allowed and Shri K.K.Shrivastava, advocate and his associates are permitted to assist the prosecution.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 23.07.2021 in connection with Crime No.220/2021 by Police Station Khaniyadhana, District Shivpuri (MP) for the offence punishable under Sections 376, 342, 506 of IPC.
In brief prosecution case is that on 22.07.2021 prosecutrix a married lady, aged about 28 years R/o Nadanvara Road, Thana Khaniyadhana has lodged an oral report at Police Station, Khaniyadhana, District Shivpuri alleging that the present applicant- accused used to come in her locality by taking water tank. She also takes water from him. On 7.7.2021 at 3-00 PM when she went to market to purchase something, applicant-accused met her and told her that he will drop her to her house. On his invitation she sat on his motorcycle. applicant-accused instead of taking her to her house t
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's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution 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 considered the filing of charge sheet and the fact that co-accused had already been granted bail as grounds for allowing the bail application.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
The main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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