Lakhan Solanki vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime

No.239/2019 registered at Police Station Palsud, District Barwani (MP) for offence punishable under Sections 366, 376, 376 (1), 376 (d) and Section

376 (2) (ii) read with Section 34 of the Indian Penal Code, 1860.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding abduction and commission of rape, the case has been

registered against the present applicants.

Learned counsel for the applicants has submitted that the applicants youth aged about 20 years and they have falsely been implicated in the present

crime. The applicants are neither named in the FIR nor in the statement of the victim and other witnesses recorded under Section 161 of the Code of

Criminal Procedure, 1973. The prosecutrix has not made any allegation against the applicants regarding abduction or commission of rape in her

statement recorded under Section 161 and Section 164 of the Code of Criminal Procedure, 1973. It is further submitted that although witness Ramesh

Barela (cousin of prosecutrix) identified the applicants, but there is nothing on record to show that on what basis they have been identified by counsin

of the prosecutrix, because according to the statement of Ramesh Barela, when he reached on the spot, there was darkness; and after seeing this

witness and other persons, the accused persons, who abducted the prosecutrix, fled away from the spot. In these circumstances, the prosecution story

appears to be false and concocted. The applicants are in custody since 01.11.2019. The investigation is over and charge sheet has already been filed.

There is no possibility of their absconsion or tampering with the evidence, if enlarged on bail. Conclusion of the trial will take sufficiently long time.

Under these circumstances, learned counsel for the applicants prays for grant of bail to the applicants.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is

made out for releasing the applicants on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicants is allowed. They are directed to be released on bail upon each of them 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 trial Court, for their

regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall

also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.