Back
DEEPAK KUMAR AGARWAL
Sarvar Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is sixth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier all the bail applications were dismissed as withdrawn by co-ordinate Bench of this Court.
2. Applicant has been arrested on 22.01.2019 by Police Station- Sironj, District Vidisha in connection with Crime No.16/2019 for the offence punishable under Sections 363, 366, 376(2)(N), 368 and 120-B of IPC and Section 5/6 of POCSO Act.
3. As per prosecution case, on 17.01.2019, father of the prosecutrix lodged the missing report alleging that when he was sleeping with his wife, at that time at about 3:00 in the night wife of the complainant informed him that their daughter is not at home. Thereafter, the father of the girl went to the police station and raised suspicion on present applicant accused. During the investigation the prosecutrix was recovered at Inodre on 22.01.2019. Statements of prosecutrix were recorded in which she has stated that she was having friendship with present applicant accused and applicant accused told the girl that he will sent some other person to take her. Therefore, as per complainant, when in the night present applicant accused calle
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
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 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.
Grant of bail based on the facts and circumstances of the case.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
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.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
