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SUBODH ABHYANKAR
Jitendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.516/2022 registered at Police Station Gandhwani District Dhar for offence punishable under Sections 376,366, 294,323 and 506 of IPC. The applicant is in custody since 08.09.2022.
3. The allegation against the applicant is of rape of prosecutrix.
4. Counsel for the applicant has submitted that the prosecutrix was 20 years old and was a consenting party as both of them were having an affair. It is further submitted that only on the influence of her parents the case has been registered against the applicant on 06.09.2022 in the night at 23.19 hours. Whereas the date of incident is of 05.09.2022 at around 6.00 in the evening.
5. Counsel for the applicant has drawn attention of this Court to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C wherein she has stated that on 05.09.2022, the applicant had contacted and committed rape on her and on the same day he came to her house and also assaulted her parents.
6. Counsel for the applicant h
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'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.
Court is inclined to allow the present application as State has also not been able to answer the query made to the Counsel for the respondent/State.
The absence of necessity for custodial interrogation and the no objection filed by the prosecutrix can influence the grant of anticipatory bail in cases of serious allegations.
The court's interpretation of Section 439 of the Criminal Procedure Code, 1973, in granting bail to the accused despite serious allegations of rape and threats.
The seriousness of the prosecutrix's suicide attempt as evidence of the seriousness of the relationship influenced the court's decision to deny the bail application.
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