Back
PREM NARAYAN SINGH
Sohan s/o Hiralal – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Prem Narayan Singh, J.
Heard and perused the record.
This is the first bail application filed on behalf of the applicant under section 439 of the Code of Criminal Procedure for grant of bail in relation to Crime No. 237/2023, registered at Police Station- Badnawar, District Dhar for the offence under sections 363, 366, 376, 376(2)(n), 506 of Indian Penal Code and under section 3/4 of Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 20-6-2023.
2. The allegations against the applicant is abduction and commission of rape with the prosecutrix.
3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. It is further submitted that the age of the prosecutrix is more than 16 years. As per the prosecution case the applicant has forcibly taken the prosecutrix and committed rape with her. The statement of the prosecutrix and her parents have been recorded under section 164 of Criminal Procedure Code and as per the statement of the prosecutrix she has resided with the applicant for about two months and seven days, however, she has not raised any alarm nor complained anyone regarding ab
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 denied bail based on the minor's age and severity of the charges, emphasizing the protection of children under the law.
The court granted bail based on the prosecutrix's willingness and denial of forceful conduct, indicating that bail may be justified under disputed circumstances regarding consent.
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
An accused is entitled to statutory bail if the final report is not filed within the requisite time under Section 167(2)(a)(i) of the Code of Criminal Procedure.
Bail can be granted in cases where prosecutrix herself has exculpated accused in cases of kidnapping and rape.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
