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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G. S. Ahluwalia, J.
Raju Kha – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.63938 of 2021
Decided On : 03-01-2022
Bail - Criminal Law - The court allowed the application for bail under Section 439 of Cr.P.C. considering the facts and circumstances of the case and without commenting on the merits of the case. The applicant was directed to be released on bail on furnishing a personal bond and surety, with the condition to appear before the Court and the S.H.O. Police Station on specified dates. The judgment of the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. was referred to for the intimation regarding grant of bail to be sent to the complainant.
Fact of the Case:
The applicant was arrested in connection with a case registered for offences under Sections 354, 456, 323, 506, 34 of IPC, where it was alleged that the applicant and co-accused threw the prosecutrix on the ground, tried to tear her clothes, and outraged her modesty.
Finding of the Court:
The court allowed the application for bail, considering the applicant's prolonged detention, the likelihood of a lengthy trial, and the absence of possibility of absconding or tampering with the prosecution case.
Issues: The main issue was whether the applicant should be granted bail despite the serious nature of the charges and the opposition by the State citing the applicant's criminal history.
Ratio Decidendi: The court's decision was influenced by the facts and circumstances of the case, the absence of evidence suggesting the applicant's awareness of the prosecutrix's actions, and the reference to the judgment of the Supreme Court regarding intimation to the complainant.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail with specified conditions.
JUDGMENT
G.S. Ahluwalia, J. - This is first application filed under Section 439 of Cr.P.C. for grant of bail.
2. The applicant has been arrested on 09.11.2021 in connection with Crime No.503/2021 registered by Police Station Porsa, District Morena for offence punishable under Sections 354, 456, 323, 506, 34 of IPC.
3. It is submitted by Counsel for the applicant that according to the prosecution case, the prosecutrix woke up at 2:30 in the night and came out of her house in order to answer the call of nature and it is alleged that at that time, the applicant alongwith the co-accused came to the house of the prosecutrix through the roof of the house and threw her on ground as well as also tried to torn her cloths and outraged her modesty. It is submitted that the allegations are false. Even otherwise, there is nothing on record to suggest that the applicant was aware of the fact that the prosecutrix would come out of her house at 2:30 in the Morning. The applicant is in jail for the last more than one and half months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
4. Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that applicant has criminal history and one offence under Section 25, 27 of Arms Act was registered at crime No.400/2018 at Police Station Porsa, District Morena and another offence under Sections 188, 269 & 270 of IPC was registered at crime No.236/2021 at Police Station Porsa, District Morena.
5. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
6. It is further directed that the applicant shall appear before the S.H.O. Police Station - Porsa, District Morena on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
7. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
Grant of bail based on similarity of the case with a previously granted bail to a co-accused and without commenting on the merits of the case.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of allegations and the period of detention, without expressing any opinion on the merits of the case.
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