AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
10 paragraphs · 392 wordsPrem Narayan Singh, J
Heard and perused the record.
2 . This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail relating to Crime No.110/2024, registered at Police Station-Neemuch City, District Neemuch (M.P.) for offence under Sections 366, 376, 376(2)(n) of IPC, 1860. The applicant is in custody since 22.03.2024.
As per prosecution story, it is alleged that the applicant has committed rape with the prosecutrix on the pretext of marriage.
4 . Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. Prosecutrix is a major lady. As per prosecution case, the applicant and the prosecutrix had cordial relation initially. It is alleged that later on the applicant had physical relationship with the prosecutrix on the pretext of marriage. Thereafter he has broken the relation due to which this report has been filed. The applicant is in jail since 22.03.2024. Final conclusion of trial will take a sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.
Learned counsel for the State has opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently, without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on his 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.