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DEEPAK KUMAR AGARWAL
Ajay Rathore – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. The applicant was arrested on 22.02.2023 by Police Station- City Kotwali District- Bhind (M.P.) in connection with Crime No.09/2023 for the offence punishable under Sections 363 further added 376 of IPC and section 5/6 of POCSO Act.
3. Prosecution story, in short, is that on 07.01.2023 at 07:50 pm mother of the prosecutrix lodged a report at Police Station Bhind Kotwali District Bhind that on 03.01.2023 at 10:30 am her daughter had gone for appearing in half-yearly examination but she has not returned back to the house. She alongwith her son searched the prosecutrix here and there but to no avail. Complainant expressed the doubt that somebody took her with him by persuading her. On her report, crime No.09/2023 for the offence punishable under Section 363 of IPC was registered against unknown person. Thereafter, prosecutrix was recovered on 21.01.2023 and her statement was recorded in which she has stated that she is aged about 17 years and 8 months and studying in 10th Class. She met with present applicant six months before. They developed friendship and starte
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
Grant of bail based on the facts and circumstances 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.
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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon 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.
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'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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