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SUNITA YADAV
Sailendra @ Laali – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.
2. The applicant has been arrested by Police Station Bahadurpur, District Ashoknagar in connection with Crime No. 52/2022 registered for the offence punishable under Sections 363, 366(A), 376(2)(N) and 376(3) of IPC and section 5 /6 of POCSO Act.
3. Allegation against the applicant / accused, in short, are that he abducted the prosecutrix who is minor and committed rape upon her.
4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The prosecutrix has not supported the case of the prosecution in her statement recorded under Section 164 of Cr.P.C. during investigation. After conclusion of investigation, charge-sheet has already been filed, therefore, further custodial interrogation of the applicant may not be required. The prosecutrix as well as her mother have not supported the case of prosecution in their Court statement (Annexure A/2) also. In occification test the age of prosecutrix is mentioned as 16-18 years. The applicant is permanent resident of District Datia. Conclusion of trial is likely to take time and th
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.
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 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 solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding 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 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 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.
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