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DINESH KUMAR PALIWAL
Ajay Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Dinesh Kumar Paliwal, J. - This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.51/2023 dated 4.3.2023 registered at Police Station Satai District Chhatarpur (M.P.) for the offence under Sections 376(2)(N) of IPC. He is in detention since 16.3.2023.
2. A s per the prosecution story, on 4.3.2023, 20 years old married prosecutrix filed an application in writing alleging that she knew Ajay Sharma for last 4-5 years. One year ago she was married with one Jitendra Yadav. On 30.10.2022 she left home for Bhopal with Ajay, after 2-3 days she came back to her parental home. After two months, she again went with Ajay and stayed with him at Bhopal. Ajay on the false promise of marriage kept her with him but on 8.2.2023 he left her at Bhopal and did not come back. She came back to her parental house. In Bhopal, Ajay had repeatedly committed rape upon her. FIR was registered.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No sexual intercourse was committed by him on the false promise of marr
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
The court's decision to grant bail in a rape case was based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for the grant o....
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'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.
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