Jaybhan Singh vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 15.5.2023 in connection with Crime No.112/2023 registered at Police Station Gormi, District Bhind for the offence punishable under Sections 366, 376, 323, 34 of IPC.

Prosecution story, in brief is that in the intervening night of 18/19.4.2023 a t about 2:00 hours, applicant and co-accused Arun Singh went to the prosecutrix's house. Thereafter, applicant on the false pretext of marriage took the prosecutrix in the room and committed rape upon her.

Learned counsel for the applicant submits that prosecutrix is admittedly major lady. She went with the applicant on her own will. No offence is made out against the applicant. She was having affairs with the applicant. From the photographs of applicant along with prosecutrix it appears that the prosecutrix was a consenting party. She has lodged this false and fabricated FIR under the pressure of her parents. Charge sheet has been filed. His custodial interrogation is not required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State as well as counsel for the complainant have vehemently opposed the prayer and submit that the applicant is a main accused in the case. He forcibly took the prosecutrix. Offences alleged against the applicant are of serious in nature, therefore, he is not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered rival submission, material pointed out by the learned counsel for the applicant, FIR and the statement of the prosecutrix recording under Section 164 of Cr.P.C., age of the prosecutrix and also considering over all facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.