Kadir @ Kadar Khan vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail during trial.

The applicant is facing trial in connection with Crime No.470/2021, registered at Police Station-Pithampur Sector No.1, District-Dhar, concerning

offence under Sections 365, 366, 376, 376(2)(n) and 506 of IPC, 1860. The applicant is in jail since 07/10/2021.

As per prosecution story on 31/08/2021 complainant lodged a missing person report that the applicant forcefully took his wife in front of Flexituf

Company. Later on a formal FIR was rgistered.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. Prosecutrix is a major

married lady. In her statement recorded under Section 164 of Cr.P.C on 07/10/2021, she has stated nothing against the applicant, however, later on

when her statement under Section 164 of Cr.P.C was again recorded on 19/10/2021, she has made allegation of rape against the applicant. She has

gone with the applicant on her own free will and it is a matter of consent. The applicant is in custody since 07/10/2021, investigation is over, charge

sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the

applicant.

Learned Panel lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on

the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his/her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five

Thousand Only) with one local surety in the like amount to the satisfaction of the trial court for securing his/her presence before the said Court on all

the dates of hearing fixed in this regard during trial.

It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective

and cancelled without reference to this Bench.

Certified Copy as per rules.