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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Chujjo @ Dileep @ Gangaram – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 564 of 2023
Decided On : 06-01-2023
Bail - False Implication - The court allowed the application for grant of bail to the applicant who was falsely implicated in a case involving charges of rape, considering the belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement.
Fact of the Case:
The applicant filed for bail in connection with a case involving charges of rape, where he was in judicial custody since 14.09.2022. The incident occurred on 17.08.2022 and the FIR was belatedly registered on 02.09.2022.
Finding of the Court:
The court allowed the application for grant of bail, considering the false implication of the applicant and the belated registration of the FIR. The court also noted the prima facie reflection of consent in the prosecutrix's statement.
Issues: Grant of bail in a case involving charges of rape, false implication of the applicant, belated registration of the FIR, and the prima facie reflection of consent in the prosecutrix's statement.
Ratio Decidendi: The court considered the belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement as key factors in allowing the grant of bail to the applicant who was falsely implicated.
Final Decision: The court directed the applicant to be enlarged on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the learned trial court.
JUDGMENT
Atul Sreedharan, J. - T his first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail by the applicant in connection with Crime No.569/2022 for the offences punishable under Sections 363 of the IPC, Sections 366A, 376 (2)(n), 342 of the IPC and Section 5L/6 of the POCSO Act.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in judicial custody since 14.09.2022 in the aforesaid case. He was arrested on the charge of having rape upon the prosecutrix who is aged about 17 years old. The applicant is 26 years old. The incident is of 17.08.2022 and the FIR has been belatedly registered on 02.09.2022.
3. Learned counsel for the State while opposing the application for grant of bail has read out in the 164 Cr.P.C statement of the prosecutrix which prima facie reflects consent. He has also not disputed the fact that 164 Cr.P.C. statement of the prosecutrix reflects consent.
4. Under the circumstances, in view of what has been argued and considered by this court hereinabove, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
Certified copy as per rules.
The interpretation of consent and statutory rape under the relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act influenced the court's decision to gran....
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
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 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 court's decision to grant bail in a rape case was based on the facts and circumstances 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.
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 considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
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