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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Nanne @ Om Prakash – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 8668 of 2023
Decided On : 21-02-2023
Bail Application - Offence under IPC and POCSO Act - The court allowed the bail application, ordering the release of the applicant on bail upon furnishing cash security and a personal bail bond with a solvent surety.
Fact of the Case:
The applicant was arrested for the offence punishable under Sections 342, 363, 376 of IPC and 5, 6 of POCSO Act. The prosecution alleged that the applicant committed sexual intercourse with the prosecutrix and kept her in captivity.
Finding of the Court:
The court, without commenting upon the merits of the case, allowed the bail application, considering the facts and circumstances. The applicant was ordered to be released on bail upon fulfilling certain conditions.
Issues: The main issue was the grant of bail to the applicant who was accused of serious offences under IPC and POCSO Act.
Ratio Decidendi: The court considered the facts and circumstances of the case, the submission of the applicant's innocence, and the absence of further custodial interrogation requirement before allowing the bail application.
Final Decision: The court allowed the bail application and ordered the release of the applicant upon fulfilling specified conditions.
JUDGMENT
Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard.
2. This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
3. The applicant was arrested on 29.11.2022 by Police Station- Gijorra District- Gwalior (M.P.) in connection with Crime No.146/2022 for the offence punishable under Sections 342, 363, 376 of IPC and 5, 6 of POCSO Act.
4. In brief, case of the prosecution is that on 24.11.2022 at 2:31 pm, prosecutrix aged about 14 years lodged an FIR at Police Station Gijorra District Gwalior against present applicant accused that on 20.11.2022 in the night at 11 pm, she was sleeping near her mother on a cot. Her neighborer present applicant accused who is her family member knocked the door. She awoke and opened the door. Thereafter present applicant-accused caughthold of her hand and pulled her and committed sexual intercourse with her shutting her mouth and locked her in a room. Thereafter on 21.11.2022 at 8 pm present applicant opened the lock and took out the prosecutrix. Afterwards prosecutrix went to the house and narrated the story to her mother, brother and Phoopa. On her report, crime No. 146/2022 for the offence punishable under section 363, 376 of IPC and 5, 6 of POCSO Act. was registered against present applicant. She was sent for medical examination. Applicant was arrested on 29.11.2022. After investigation, charge-sheet has been submitted.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Learned counsel for the applicant made submission that it is very surprising that prosecutrix remained about 21 hrs in the captivity of present applicant and her family members not remained worried about her. Besides this, FIR is highly belated. False allegations have been made against present applicant with some ulterior motive. After investigation, chargesheet has been submitted and therefore, further custodial interrogation is no more required. Conclusion of trial will take time. There is no possibility of his absconding or tempering with prosecution case. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
6. Learned counsel for the State opposed the application and prayed for its rejection.
7. Heard learned counsel for the parties and perused the case diary.
8. Looking to the facts and circumstances of the case, this Court, without commenting upon the merits of the case, is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he shall be released on bail.
9. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for compliance.
12. Certified copy as per rules.
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 court may grant bail based on the period of custody, delay in trial, and without commenting on the merits 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.
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 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'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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