Anitabai vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 541/2019, registered at Police Station-Nagda, District-Ujjain, for commission of the offences under Sections 376(d)(i) and 376(2)(n) of the IPC alongwith Sections 5(J)(2)/6 and 16/17 of Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, it is alleged that applicant called the prosecutrix to her house, where accused-Dinesh committed rape upon her.

Learned counsel for the applicant submitted that the applicant is a married woman aged about 30 years and she has not played any active role in the alleged incident. Only allegation against the applicant is that she called the prosecutrix to her house, where her nephew-Dinesh committed rape upon the prosecutrix in her presence. There is no allegation against the applicant, that she forcibly send the prosecutrix in a room, where, accused-Dinesh committed rape with her.

The applicant is in custody since 27/10/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these change of circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.