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G. S. AHLUWALIA
Raju Kha – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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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