Bachan S/O Moti Kanesh vs State Of Madhya Pradesh

They are heard. Perused case diary.

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.60/2019 registered at Police Station Bakhatagarh, District Alirajpur (MP) for offence punishable under Sections 376 and 506 of the Indian Penal Code, 1860.

The applicant is in custody since 27.06.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Sections 376 and 506 of the Indian Penal Code, 1860 has been registered against the present applicant.

Learned counsel for the applicant has submitted that the prosecutrix is a major lady aged about 28 years and she has been examined before the trial Court on 01.10.2019. She has not stated anything against the applicant in her statement. In the aforesaid statement, she accepted that the applicant made physical relationship with her on her own consent, due to which she got pregnant. Under these circumstances, no alleged offence is made out against the applicant. The applicant is in custody since 27.06.2019. The investigation is over and charge sheet has already been filed. The conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

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 upon his / 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 trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.