Banti Gurjar vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 06.04.2023 by Police Station Rampurkala, District Morena (MP), in connection with Crime No. 45 of 2023 for the offence punishable under Sections 376, 450, 506(2) of IPC.

In brief, facts of the case are that prosecutrix a married lady aged about 40 years lodged a complaint against present applicant accused that on 02.04.2023, prosecutrix was sleeping under the tin shed of her house. Her daughter-in-law and daughter were sleeping inside the room. Her son had gone to attend a birthday party of his friend at Bichpuri and her husband had also gone to Kailaras for some work. On the said night, present applicant accused entered in her house having axe in his hand, shut her mouth and by putting axe on her neck, he committed sexual intercourse with her. In between, her son Sanjeev returned to his house and after listening his sound, prosecutrix started screaming. When her son tried to intervene, present applicant told, if they will tell to anybody, they will be killed and thereafter he fled away after giving threatening with dire consequences. On these basis, aforesaid offence was registered. Applicant was arrested. After completion of investigation, charge sheet has been filed.

Learned counsel for applicant submits that applicant is innocent and falsely implicated. He is in custody since 06.04.2023. After completion of investigation, charge sheet has been filed and therefore further custodial interrogation is no more required. Conclusion of trial will take some time. He is permanent resident of District- Morena. There is no possibility of his absconding or tampering with prosecution case. Hence, prayed for grant of bail.

Learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Both the Advocates are heard. Case diary as well as charge sheet perused.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash security of Rs.25,000/- along with a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.