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DEEPAK KUMAR AGARWAL
Mukesh Banjara – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is sixth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 3548/2022 on 03.02.2022. His second bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 18437/2022 on 12.04.2022. His third bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 33684/2022 on 11.07.2022. His fourth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 49040/2022 on 17.10.2022. His fifth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 56721/2022 on 05.12.2022. Applicant has been arrested on 11.10.2021 by Police Station- Bilauva District Gwalior (MP), in connection with Crime No.242/2021 for the offence punishable under Sections 376, 450 of IPC.
2. In brief case of the prosecution is that on 17.02.2021 at 11 am, prosecutrix, a married lady aged about 22 years alongwith her Jethani and father-in-law (Chachiya Sasur) lodged a report at Police Station Bilauva District Gwalior against present applicant Mukesh Banjara that in the intervening night of 16-
The court may grant bail based on the period of custody and without commenting on 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 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.
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.
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.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
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.
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