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ANIL VERMA
Karan – 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 in connection with Crime No. 798/2022 registered at P.S - Agar, District- Agar Malwa (M.P.) for commission of offence punishable under Sections 363, 366(A), 376(2) (n), 376(2)(h), 376(2)(k) of IPC and sections 3/ 4(2), 5(l) / 6, 5(j)(ii) of POCSO Act.
2. As per prosecution story,on 26/11/2022, father of the prosecutrix lodged FIR at police station - Agar, District - Agar Malwa by stating that her minor daughter / prosecutrix is missing from hom. During investigation, the prosecutrix was recovered and it has been gathered that present applicant abducted the prosecutrix and took her with him at different places and repeatedly committed rape upon her, due to which, she became pregnant. Accordingly, the aforementioned offence was registered and he was arrested.
3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Prosecutrix and present applicant solemnized marriage with their own consen
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 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 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 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 minor status of the prosecutrix and her voluntary actions in denying bail to the applicant.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
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 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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