Dinesh vs State Of Madhya Pradesh And Others

Anil Verma, J

Learned PL informs that notice has duly been served upon the prosecutrix.

This is the second application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 203/2022 registered at P.S - Satwas, District- Dewas (M.P.) for the offence under sections 450, 376, 376(3), 506 (A) of IPC and sections 3 / 4 of POCSO Act.

2/ As per prosecution story, on 10/05/2022, prosecutrix's father, mother, sister and brother went to attend marriage function at village – Thuriya and the prosecutrix was alone at home. Her father asked Harbaksh to stay at their home in the night to take care of her. On 11/05/2022, when the prosecutrix was sleeping in her room and Harbaksh was sleeping at courtyard, then at about 12.00 am, present applicant along with Deepak and Nitin came there. Deepak and Nitin caught hold of her and Deepak pressed her mouth and forcibly committed rape upon her. At that time, present applicant and co-accused were standing outside the house. Deepak also threatened to kill her, if she disclosed the incident to anyone. Thereafter, the prosecutrix narrated the incident to Harbaksh and lodged FIR at police station – Satwas. Accordingly, the aforementioned offence has been registered against the applicant.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. His earlier bail application was dismissed as withdrawn. Investigation is over and charge-sheet has been filed. Prosecutrix (PW-1) and her mother (PW-2) have been examined before the trial Court. The prosecutrix has turned hostile in respect of present applicant and did not state anything against him. and did not state anything against the applicant in respect of the aforementioned offence. Applicant is in custody since 13/05/2022. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4/ Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that prosecutrix (PW-1) stated only against co-accused Deepak, who forcibly committed rape upon her and she has turned hostile in respect of present applicant; she categorically stated in her statement that she does not know the applicant and at the time of the incident, he was not there; in view of the evidence available on record, I deem it proper to release the accused / applicants on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,

Certified copy, as per Rules.