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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Jayesh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 4924 of 2023
Decided On : 31-01-2023
Bail - Abduction and Rape - The court allowed the applicant's bail application based on the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., where she gave a clean chit in favor of the applicant and stated that she had gone to her aunt's house on her own volition and nothing had happened to her.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. as he was arrested for offences under Sections 363, 366, 376(N) of the IPC and under Section 5(L)/6 of the POCSO Act. The prosecutrix's statement under Section 164 of the Cr.P.C. supported the applicant's innocence.
Finding of the Court:
The court found merit in the applicant's counsel's submission based on the prosecutrix's statement and allowed the bail application without commenting on the merits of the case.
Issues: Bail application under Section 439 of the Cr.P.C. based on the prosecutrix's statement under Section 164 of the Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the contentions raised by the applicant's counsel and the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., which supported the applicant's innocence.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and surety, with conditions as enumerated under Section 4372(3) of Cr.P.C.
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.151/2022 registered at Police Station-Kantaphod, District-Dewas (MP) for offence punishable under Sections 363, 366, 376(N) of the IPC and under Section 5(L)/6 of the POCSO Act. The applicant is in custody since 21.12.2022.
3. The allegation against the applicant is of abduction and rape.
4. Counsel for the applicant has submitted that the prosecutrix in her statement recorded under Section 164 of the Cr.P.C. has clearly given a clean chit in favour of the applicant and has also stated that she had gone on her own volition to her aunt's house and nothing has been happened to her. It is also submitted that the applicant is lodge in jail since 21.12.2022 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is submitted that the applicant be released on bail.
5. Counsel for the respondent / State, on the other hand, has opposed the prayer.
6. On due consideration of rival submissions and perusal of the case-diary as also the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., this Court finds force with the contentions raised by the counsel for the applicant to allow the present application.
7. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 4372(3) of Cr.P.C.
8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
The court's decision to grant bail was influenced by the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., which supported the applicant's innocence.
The court's decision was based on the provisions of Section 439 of Cr.P.C, considering the submissions and case diary, without reflecting on the merits of the case.
The absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
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