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DEEPAK KUMAR AGARWAL
Pawan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. T he applicant was arrested on 07.08.2022 in connection with Crime No.456/2022 by Police Station- Pichor, District- Shivpuri(MP) for the offence punishable under Sections 450, 376 of IPC.
3. After investigation charge-sheet has been filed.
4. As per the prosecution case, on 07.08.2022 at 11 P.M., the prosecutrix, a married lady about 20 years along with her father-in-law and mother-in-law at Police Station Pichor, district Shivpuri lodged a report against present applicant/accused that in the night at 1 A.M., she was sleeping in the room on cot, her husband was also sleeping at that time, the present applicant/accused who is neighbour, entered the room and committed sexual intercourse with her. When she cried, her husband awakened and caught hold of the present applicant. On report, the aforementioned offence was registered. She was sent for medical examination. Applicant/accused was arrested.
5. Learned Advocate for the applicant submitted that applicant has been falsely implicated. Applicant is in custody since 07.08.2022. After investigation charge-sheet has been
The court may grant bail based on the period of custody and without commenting on the merits of the case.
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.
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 court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the 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.
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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