Kanai Sen vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 7/9/2020 in connection with Crime No.183/2020, registered at Police Station-Kesli, District- Sagar for the offence under Sections 450, 376 of IPC.

The case of the prosecution against the applicant, in short, is that prosecutrix is having two children, eldest one is 11 years. Her husband borrowed some amount from the applicant, but, could not return that amount. Applicant regularly came at the house of the prosecutrix and asked for borrowed money. Prosecutrix repeatedly requested for time for repayment. However, on the date of incidence, when prosecutrix was alone, applicant closed her mouth and removed her cloths and inserted a finger in her vagina and removed her lower garments, at that time, her elder daughter appeared on the spot and shouted for help, then applicant after leaving prosecutrix, fled from the spot. After investigation, charge sheet has been filed.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Trial will take considerable time for its disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.

On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that applicant was very well involved in the incident.

Having heard learned counsel for the parties, perused the case diary.

Family members of the prosecutrix were living in the next room at the time of incidence. After investigation charge sheet has been filed. The applicant is not required for further investigation and trial will take considerable time. Considering all these facts and circumstances, this Court is inclined to allow this application. Hence the application is allowed.

It is directed that applicant-Kanai Sen shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C

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.