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Judgment
21 paragraphs · 370 wordsRajendra Kumar Verma, J
This is first application under section 439 of CrPC for grant of bail on behalf of applicant, who is in custody since 26/02/2020 in connection with Crime
No.127/2020, registered at Police Station â€" Station Road, Ratlam(M.P.), for the offence punishable under sections 376, 344, 376 (2) (N), 366, 368
and 323 of IPC.
As per prosecution case, the allegation against the applicant is that he took away the prosecutrix alongwith him and forcibly committed rape on her.
Accordingly, case has been registered against the present applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. There is no legal evidence to
connect the applicant with the offence. Investigation is over and charge sheet has been filed. The prosecutrix is aged about 30 years and she being
major, was a consenting party. The applicant is in custody since 26/02/2020. The conclusion of trial will take sufficient time. On the aforesaid grounds,
prayer is made to release the applicant on bail.
Learned Panel Lawyer has opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on
the merits of the case, this application is allowed. It is directed that the applicant/accused 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 securing his
presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease
(COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19'
before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become
ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.