Ajay @ Yatendra vs State Of Madhya Pradesh

Shailendra Shukla, J

This is first bail application filed by the applicant â€" Ajay @ Yatendra under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in

connection with Crime No.395/2020 registered at Police-Stationâ€"Namli, District-Ratlam (MP) for the offence punishable under Sections 376, 450

and 506 of Indian Penal Code, 1860.

As per prosecution story, the prosecutrix was raped at about 12:30 pm on 15.09.2020 and as per prosecution, the applicant had told the prosecutrix

that he likes her and wants to marry her. The prosecutrix is already a married lady and the applicant thereafter caught hold of the hand of prosecutrix

and threw her on the ground and committed rape upon her. The prosecutrix was threatened for life and hence she did not lodged a report for two

months and later on after two months, she lodged the report on 18.11.2020. Accordingly case has been registered against the applicant.

Learned senior counsel for the applicant submits that chargesheet has since been filed in the matter. He further submits that the prosecutrix has

substantiated her allegations against the applicant in her 161 and 164 Cr.PC statements and that the delay has been properly explained. The applicant

is in jail since 19.11.2020 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Learned counsel for the non-applicant/State was also heard who has submitted that the delay has not been properly explained and has opposed the bail

application.

Considered.

After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant,

without making any opinion on merits of the case, the application filed by the applicantâ€"Ajay @ Yatendra is allowed. The applicant is directed to be

released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of the like amount to

the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he

shall remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code

of Criminal Procedure, 1973.

Let a copy of this order be sent to the Court concerned for compliance. Miscellaneous Criminal Case No.2301 of 2021 stands allowed and is disposed

of, in above terms.

Certified copy as per Rules.