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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Kamlesh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 13953 of 2023
Decided On : 03-04-2023
Bail Application - Abduction of Minor - The court granted bail to the applicant based on the limited allegation of abduction of the prosecutrix, considering the nature and gravity of the allegation, the absence of a criminal past, and the expected lengthy trial process.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a case involving the abduction and rape of a minor victim.
Finding of the Court:
The court granted bail to the applicant, noting that he was not the main accused who committed the rape, had no criminal past, and that the trial process would take a considerable amount of time.
Issues: The main issue was whether the applicant should be granted bail despite the serious allegations against him.
Ratio Decidendi: The court considered the nature and gravity of the allegation, the limited role of the applicant in the offense, the absence of a criminal past, and the expected lengthy trial process in granting bail.
Final Decision: The court allowed the bail application and directed the release of the applicant upon furnishing a personal bond and surety to the satisfaction of the trial Court.
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 in jail since 22.1.2023. Investigation is over and charge sheet has been filed. The applicant is not the main accused who has committed rape upon prosecutrix. The allegation against the applicant is that he has abducted the prosecutrix. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
4. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that prosecutrix was minor at the time of incident.
5. Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that limited allegation has been levelled against the applicant for committing offence of abduction of prosecutrix with the help of main accused but he is not the main accused who has committed rape upon the prosecutrix, applicant has no criminal past, but final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
6. Certified copy as per rules.
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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