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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Chottu Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.64612 of 2021
Decided On : 06-01-2022
Bail Application - Offence of Rape - The court allowed the bail application filed by the accused, considering the completion of investigation and filing of charge sheet, coupled with the prolonged trial process. The accused was granted bail upon furnishing a cash bail of Rs. 25,000 with one solvent surety.
Fact of the Case:
The accused was arrested for the offence of rape and other related charges after the prosecutrix alleged that he had abducted and raped her for three days. The accused filed a bail application citing innocence and false implication.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, considering the prolonged trial process and the fact that the investigation was completed and charge sheet filed.
Issues: The primary issue was the grant of bail to the accused, who was charged with serious offences including rape and abduction.
Ratio Decidendi: The court's decision was influenced by the completion of investigation, filing of charge sheet, and the anticipated prolonged trial process, leading to the grant of bail to the accused.
Final Decision: The court allowed the bail application and ordered the release of the accused on bail upon furnishing a cash bail of Rs. 25,000 with one solvent surety, with the condition of appearing before the trial court for every trial date.
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 took her to his rented room where he kept her for three days and regularly committed rape with her. afterwards, on 10.07.2021 at 8-30 aM he left her in the market and went away. He also threatened her to dire consequences. Due to fear she went to her matrimonial place Badora and informed about the incident to her parents. Her condition became serious and bleeding started. afterwards her parents telephoned her husband. When he came she narrated about the incident to him. On her report a crime under the aforesaid offence was registered against the present applicant-accused. She was sent for medical examination. applicant-accused was arrested on 23.07.2021. after investigation charge sheet has been filed.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Now investigation is completed and charge sheet has been filed and the conclusion of trial will take time. Hence, prayed for grant of bail.
Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody from 23.07.2021, conclusion of trial will take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail in cash for Rs. 25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Certified copy as per rules.
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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