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ANIL VERMA
Kamlesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 22.1.2023 in connection with Crime No. 14/2023 registered at P.S. - Nanpur District Alirajpur (M.P.) for commission of offence punishable under Section 363, 366, 378(2)(k), 376(2)(n), 341, 506, 34 of IPC and 5(L)/6, 7,8 of POCSO Act.
2. As per the prosecution story, on 17.1.2023 accused Govind, Kamlesh, Ratan, Abhaysingh, Kishore and Sunil have forcibly taken 17 years old minor victim from village Dhundhalwat Masni road at 5 pm. The accused took her on a motorcycle which was being driven by Kamlesh, who alongwith his brother, uncle aunt etc. was going toward Ambua. After that at 8-9 o'clock, the accused Samarth, Kamlesh and Abhay took the victim in a Bolero vehicle and took her to the forest of Borkund Vasaniya police station Pati, District Barwani, from where rest of accused came back but the accused Govind committed rape upon prosecutrix. Accordingly a case has been registered against the applicant.
3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The court considered the lack of support from the victim and her mother, the prolonged detention of the accused, and the likelihood of a lengthy trial as grounds for granting bail.
The main legal point established in the judgment is the consideration of lack of evidence, prolonged trial process, and the initial non-implication of the accused by the prosecutrix in granting bail ....
The court may grant bail based on factors such as lack of support from the victim, the age of the victim, and the likelihood of the trial taking time.
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding the case.
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