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ANAND PATHAK
Abhishek Malviya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail, who has been in judicial custody since 27.05.2022 in connection with Crime No.119/2022 registered at Police Station-Sukhi Sevania, District-Bhopal for the offences punishable under Sections 363, 366, 376(2)(N) of IPC and Section 3(1)(w), 3(2)(v) of Scheduled Caste and Scheduled Tribes Act.
2. It is the submission of learned counsel for the applicant that he is suffering confinement since 27.05.2022 and material prosecution witnesses including the prosecutrix have been examined. They did not support the story of prosecution and declared hostile, therefore, chance of tampering with evidence/witnesses is remote. It is further submitted that it is the case of false implication and dispute erupted because of fact that prosecutrix being scolded by her brother. The applicant does not bear any criminal record. Confinement amounts to pre-trial detention. He undertakes to cooperate in trial and would make himself available as and when required. The applicant would not be a source of embarrassment and harassment to the complainant party. Under these grounds, he prayed for bail.
3. Le
The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or ....
Granting bail based on false case allegation and the applicant's willingness to cooperate in trial and investigation, with specific conditions to be followed upon release.
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court has the discretion to grant bail after considering the peculiar fact situation and the willingness of the applicant to cooperate in the trial.
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
The court may grant anticipatory bail based on the absence of the applicant's name in the FIR, lack of criminal record, and the nature of allegations against the applicant, while imposing stringent c....
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