Krishna Patwar vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application filed under section 439 Cr.P.C. Applicant Krishna Patwar was arrested on 05.10.2020 in connection with Crime No.348/2020

registered at Police Station Barely District Raisen for the offence punishable under Section 376 (2)(n) of IPC.

As per the prosecution case, applicant sexually exploited the prosecutrix on the pretext of marriage and thereafter he denied to marry her.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. It is further submitted that the

prosecutrix was major and a married lady and falsely implicated the applicant with the crime. Applicant is a young boy aged about 20 years. He has

no criminal past. He has been in custody since 05.10.2020, charge sheet has been filed and conclusion of trial will take time, hence prayed for release

of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that applicant sexually exploited the prosecutrix on the pretext of marriage, so he

should no be released on bail.

Looking to the facts and circumstances of the case and the fact that prosecutrix was major and a married lady, applicant is in custody since

05.10.2020, 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 C.J.M/trial Court for his appearance before the concerned 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;

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

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

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

C.C. on payment of usual charges.