Golu Alias Shailendra vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant is in jail since 02.11.2019 in connection with Crime No.232/2019 registered at Police Station Devnagar,, District Raisen for commission of offences punishable under Sections 366, 376(2) (n), 506 and 34 of IPC.

The allegation against the applicant in short is that the applicant took the prosecutrix, who was 19 years old, from her house in the night by making a phone call to her and kept the prosecutrix for some days and on the pretext of marriage committed rape upon her. In the meantime, when the parents of the prosecutrix lodged a missing report and casted a doubt on the applicant the prosecutrix was recovered from the possession of the applicant. After investigation charge-sheet has been filed.

Learned counsel appearing for the applicant submits that the applicant has falsely been implicated in this case. The prosecutrix was 19 years old at the time of incident. She was a consenting party and she went with the applicant with her own volition without informing her parents and parents lodged a missing report in the concerned police station where under the pressure of parents she stated against the applicant. It is further submitted by him that one of the co-accused who helped him in carrying the prosecutrix along with the applicant has been enlarged on bail, therefore, the applicant may also be granted the benefit of bail.

On the other hand, learned Panel Lawyer for the respondent-State opposes the application and submits that the prosecutrix clearly stated that the applicant forcibly committed rape upon her and prays to dismiss the application.

Having heard both the counsel for the parties and considering the facts and circumstances of the case, it is apparent that the prosecutrix was major at the time of incidence and she went in the night along with the applicant on a phone call, therefore, this Court is inclined to release the applicant on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

I t is directed that the applicant-Golu alias Shaiendra shall be released on bail on 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 her appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.