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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Pawan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61953 of 2022
Decided On : 03-01-2023
Bail Application - Offence under Sections 450, 376 of IPC - The court allowed the bail application based on the applicant's custody duration, filing of charge-sheet, and the anticipated lengthy trial process.
Fact of the Case:
The applicant was arrested for the offence under Sections 450, 376 of IPC based on a report filed by the prosecutrix alleging sexual assault by the applicant, who claimed to be falsely implicated.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application considering the applicant's custody duration, filing of charge-sheet, and the anticipated lengthy trial process.
Issues: Bail application u/S.439 Cr.P.C
Ratio Decidendi: The court considered the applicant's custody duration, filing of charge-sheet, and the anticipated lengthy trial process as grounds for allowing the bail application.
Final Decision: The court allowed the bail application with the condition of furnishing a cash surety and a personal bail bond, and requiring the applicant's presence and cooperation during the trial.
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 filed. Conclusion of the trial will take time. Therefore, prays for grant of bail.
6. Learned Public Prosecutor for the State has vehemently opposed the bail application and prayed for its rejection.
7. Looking to the aforesaid facts and circumstances of the case, the applicant is in custody since 07.08.2022, charge-sheet has been filed and conclusion of the trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.
8. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically Application stands allowed and disposed of.
Certified copy as per rules.
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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