Chottu Rajak vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

Heard on I.A. No.134/2022, an application under section 301(2) of Cr.P.C. filed on behalf of the complainant to assist the prosecution.

For the reasons mentioned in the application, the same is allowed and Shri K.K.Shrivastava, Advocate and his associates are permitted to assist the

prosecution.

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

The applicant was arrested on 23.07.2021 in connection with Crime No.220/2021 by Police Station Khaniyadhana, District Shivpuri (MP) for the

offence punishable under Sections 376, 342, 506 of IPC.

In brief prosecution case is that on 22.07.2021 prosecutrix a married lady, aged about 28 years R/o Nadanvara Road, Thana Khaniyadhana has lodged

an oral report at Police Station, Khaniyadhana, District Shivpuri alleging that the present applicant- accused used to come in her locality by taking

water tank. She also takes water from him. On 7.7.2021 at 3-00 PM when she went to market to purchase something, applicant-accused met her and

told her that he will drop her to her house. On his invitation she sat on his motorcycle. Applicant-accused instead of taking her to her house took her to

his rented room where he kept her for three days and regularly committed rape with her. Afterwards, on 10.07.2021 at 8-30 AM he left her in the

market and went away. He also threatened her to dire consequences. Due to fear she went to her matrimonial place Badora and informed about the

incident to her parents. Her condition became serious and bleeding started. Afterwards her parents telephoned her husband. When he came she

narrated about the incident to him. On her report a crime under the aforesaid offence was registered against the present applicant-accused. She was

sent for medical examination. Applicant-accused was arrested on 23.07.2021. After investigation charge sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Now investigation is

completed and charge sheet has been filed and the conclusion of trial will take time. Hence, prayed for grant of bail.

Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody from 23.07.2021, conclusion of trial will

take some time, 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 bail in cash for Rs. 25,000/- (Rupees twenty five thousand only) with one solvent surety in the

like amount 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.

Application stands allowed and disposed of.

Certified copy as per rules.