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Judgment
6 paragraphs · 349 wordsSubodh Abhyankar, J
This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973 as he is arrested in connection with Crime No.13/2023, registered at Police Station Biaora, Dehat, District Rajgarh (MP) for offence punishable under Sections 366, 376, 376 (2)(n), 506 of IPC, 1860. Applicant is in jail since 13.01.2023.
The allegation against the applicant is that of abduction and rape. Learned Govt. Advocate for the respondent/State has opposed the prayer and submitted that the prosecutrix in her statement under Section 164 of Cr.P.C has clearly stated that the applicant has committed rape upon her.
On due consideration and on perusal of the case diary, it is found that the age of the prosecutrix is 28 years and she has stated in her statement under Section 164 of Cr.P.C that she was asked by the applicant to company him to Ahmedabad, where she resided with him for few days, during which he committed rape upon her and when she asked the other persons who were residing in the vicinity to call her home, thereafter, her family members came to take her back. Case diary reveals that the prosecutrix already has three children and it is also apparent that she had left her home on her own volition with the applicant on the promise of marriage. In such circumstances, considering the fact that charge sheet has already been filed, this Court i s inclined to allow the present application.
Accordingly, without commenting on the merits of the case, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy, as per rules.