Keshav Yadav vs State Of Madhya Pradesh

Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant in connection with Crime No.193/2019 registered at Police Station Kanhiwada, District Seoni under Sections 376, 376 (2) (n) and 506 of the Indian Penal Code, 1860.

The case of the prosecution is that, the applicant who is cousin of the prosecutrix has committed sexual intercourse with her on 20.05.2017, after entering into her house and by threatening her regarding her life. The applicant later on, continued to commit the same act up to 04.01.2019. On 18.05.2019 marriage of the prosecutrix was solemnized with some other person. The fact regarding her relation with the applicant has come in to the knowledge of her husband when he enquired from the prosecutrix regarding her relation with the applicant then the prosecutrix narrated all the incidents to her husband. She thereafter, sent to her parental house where she accompanying with her parents lodged the FIR against the applicant. On that basis, crime under the aforementioned offence has been registered against the applicant and the applicant was taken into custody on 24.06.2019.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is also submitted that the applicant is a permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the evidence. It is also submitted that the applicant is a young youth and has been in custody since 24.06.2019. In view of the aforesaid, prayer has been made to enlarge the applicant on bail.

Learned Panel Lawyer for the respondent/State on the other hand has vehemently opposed the application.

On perusal of the case diary, it seems that the prosecutrix was about 25-26 years of age at the time of said commission of crime against her by the applicant. She neither narrated the incidence to anyone nor lodged any report against the applicant. It also seems that the applicant is a young youth of 28 years and is in custody since 24.06.2019. Charge-sheet has been filed and trial will take long time to conclude.

Keeping in view the facts and circumstances of the case particularly the fact as pointed out by the learned counsel for the applicant, allegation made against the applicant and also looking to the period of his detention, in the opinion of this Court, the applicant deserves to be released on bail.

Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant, is allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/-with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

Certified Copy as per rules.