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VIJAY KUMAR SHUKLA
Bharat @ Bhaarat – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 495/2022 registered at Police Station â' Maksi, Dist. Shajapur (M.P.) under Sections 363, 366, 376(2)(n) of IPC.
2. It is alleged that the applicant has abducted and committed rape with the prosecutrix. Counsel for the applicant submits that a missing report was lodged by mother of the prosecutrix and she was recovered on 22.12.2022. Counsel submits that in the statement under Section 164 Cr.P.C. the prosecutrix has stated that she had herself willingly gone with the applicant to different places. She was a consenting party.
3. Counsel for the State opposed the prayer for grant of bail on the ground that the age of the prosecutrix was less than 18 years on the date of the incident.
4. After hearing learned counsel for the parties and taking into consideration the statement of the prosecutrix under Section 164 Cr.P.C. and the fact that the age of the prosecutrix is more than 17 years 11 months nearing 18 years, the charge-sheet has been filed, the investigation is completed and no further custodial interrogation is required, I am of t
The court considered the prosecutrix's statement and age in granting bail, without expressing any view on the merits of the case.
The discrepancy in the recorded date of birth of the prosecutrix and the totality of facts influenced the court's decision to grant bail to the applicant.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
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 material presented and overall consideration of the case, without commenting on the merits of the case.
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 completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations 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.
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