Bharat vs State Of Madhya Pradesh And Others

Shailendra Shukla, J

This is first application under Section 439 of Cr.P.C. for grant of bail.

Applicant - Bharat S/o Shankarlal Harijan is implicated in Crime No.08/2021 registered at Police Station Amjhara District Dhar for the offence

punishable under Sections 354-A, 452 and 376 of IPC and he is in custody since 10.01.2021.

As per prosecution story, applicant had trespassed into the house of prosecutrix and tried to commit rape upon her.

Learned counsel for the applicant has submitted that in the FIR which was lodged earlier by daughter-in-law of prosecutrix (prosecutrix in unstable

mind), there was no mention of attempt to commit rape by the applicant and only allegations were pertaining to breaching modesty of prosecutrix.

However, later on, additional allegations have been levelled. On this ground and further submitting that charge-sheet having been filed and applicant is

in jail since January, 2021, bail has been sought.

Learned Public Prosecutor for the State was also heard who fairly admitted that this discrepancy exists.

Considered.

O n due consideration of the aforesaid submissions, mainly those advacned by learned counsel for the applicant, without commenting upon the merits

of the case, this bail application is allowed and it is directed that applicant Bharat shall 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 to the satisfaction of the concerned Trial Court/Committal Court for his regular

appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also

directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

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

M.Cr.C. No.28972/2021 is allowed and stands disposed of.

Certified copy, as per rules.