Anil vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial.

The applicant is facing trial in connection with Crime No.170/2023 registered at Police Station-Chapiheda District-Rajgarh, concerning offence under Sections 376, 506, 354 (d) of IPC. Applicant is in jail since 13.07.2023.

As per the prosecution story, the allegation against the applicant is that and he has committed rape upon the prosecutrix. On the basis of which police registered the aforesaid crime.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submitted that the date of incident is 27.05.2023 and FIR was lodged on 12.07.2023 and no explanation regarding delay in lodging FIR has been specified in this regard. Investigation is over and charge-sheet has been filed. There is no legal evidence to connect the applicant with the aforesaid offence. The applicant is in custody since 13.07.2023 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.

Learned Panel Lawyer opposed the application and prayed for its rejection.

I have heard the learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, as well as delay in lodging FIR, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his/her 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 trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.