Krashna Dhurve vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

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

Applicant Krashna Dhurve was arrested on 31.03.2021 in connection with Crime No.55/2021 registered at Police Station Birsa, District Balaghat

(M.P.) for the offence punishable under Sections 354, 354-A, 452, 376 and 511 of the Indian Penal Code.

As per prosecution case, on 30.03.2021 at around 01:00 pm when the prosecutrix was alone in her house, the applicant came there, molested her and

tried to commit rape with her.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is further

submitted that the prosecutrix was major and married lady. The alleged incident is said to have occurred on 30.03.2021, while the prosecutrix lodged

the report on 01.04.2021. There is no plausible explanation regarding the delay in lodging the FIR. The applicant has been in custody since 31.03.2021.

The charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that the prosecutrix

was major, the alleged incident is said to have occurred on 30.03.2021 while the prosecutrix lodged the report on 01.04.2021, the applicant is in

custody since 31.03.2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the

application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with one 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.

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 him;

The applicant will cooperate in the trial;

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

dissuade him from disclosing such facts to the Court or to the Police Officer;

 4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

 6. The applicant will not leave India without prior permission of the trial Court.

 Certified copy as per rules.