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Judgment
15 paragraphs · 273 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 05/09/2020 in connection with Crime No.290/2020 for offences registered under Sections 450, 376D, 506 of IPC, police station Surkhi,
District Sagar.
Allegation against the applicant/accused is that he after lurking tress pass the house of the prosecutrix committed rape with her.
Learned counsel for the applicant submitted that applicant is in custody since 05/09/2020. During trial statement of the prosecutrix has been recorded,
in which she has stated that the applicant has made sexual intercourse with her consent. In the circumstance, no offence is made out and trial will take
time and applicant's further custody is not warranted. Hence, learned counsel for the applicant has prayed that the applicant/accused be released on
bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without
commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Bharat Sen be released on bail on his
furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial
court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions
enumerated in sub-section (3) of Section 437 of Cr.P.C.