Jimidar Kumre vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 09.07.2021 in connection with Crime No.175/2021 registered at Police Station Bichhua, District Chhindwara for

offence punishable under Section 376(2)(n), of IPC.

As per prosecution, an FIR has been lodged by the prosecutrix against the applicant stating that she had love affair with the applicant, who had

promised to marry her; and based on this false assurance of marriage, the applicant had physical relation a number of times. She has further stated

that the applicant refused to marry her hence, the complainant has filed this complaint.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The applicant is a government servant. The

prosecutrix is a consenting party. No case is made out against the applicant. The applicant is in custody since 09.07.2021. He has no criminal

antecedent. Hence, it is prayed that the applicant may be granted bail.

On the other hand, learned Panel Lawyer for the State opposes the application.

Having heard the learned counsel for the parties and considering the fact that the prosecutrix is a consenting party, without commenting on the merits

of the case, this application is allowed. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates

given by the concerned Court.

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 himself,

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, on their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.