Govinda Tripathi vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

I n the absence of learned counsel for the parties, the matter is considered on the basis of case diary and the averments made by the applicant in his application.

This is the first application under Section 439 of Cr.P.C. for grant of bail. Applicant Govinda Tripathi was arrested on 14/6/2021 in connection with Crime No.148/2021 registered at Police Station Gorihar, District Chhatarpur (M.P.) for the offence punishable under Sections 376, 506 of the IPC.

As per prosecution case, on 08/06/2021 at around 12:00 pm applicant called the prosecutrix on that when she reached in a field of village Bhadahar he committed rape with her and also threatened her.

The applicant has averred in his petition that he is innocent and has falsely been implicated in the case. The prosecutrix was major and a married lady and falsely implicated the applicant in the crime. Applicant has been in custody since 14/6/2021 and conclusion of trial will take time, so he be released on bail.

In the objection filed by the State alongwith the case diary it is mentioned that the applicant committed rape with the prosecutrix, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the prosecutrix was major and a married lady, the alleged offence is said to have committed on 08/06/2021 while prosecutrix lodged the report on 10/6/2021, the applicant has no criminal past, he is in custody since 14/6/2021, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.