Mahendra Ahirwar vs State Of Madhya Pradesh

Dwarka Dhish Bansal, J

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

T h e applicant has been arrested on 21.04.2022 by Police Station Maksudangarh district Guna, (M.P.) in connection with Crime No.26 of 2022 for the offence punishable under Sections 454, 354 and 376 of IPC.

Learned counsel for the applicant submits that originally in the FIR, no allegation with regard to commission of offence under Section 376 of IPC was made and upon sending the prosecutrix for medical examination, she refused to the same saying that as there is no injury, therefore, she does not want to get herself medically examined. He submits that only in the statement under section 164 of Cr.P.C, she developed/improved the story about the offence under Section 376 of IPC which in the existing circumstances, cannot be relied upon. He submits that the applicant has not committed any offence and has been falsely implicated. The applicant is in custody since 21.4.2022 and as investigation is complete in the matter, therefore, there is no further requirement of custodial interrogation of the applicant. He prays for grant of bail.

P er contra, learned counsel appearing for the State has opposed the prayer and prays for rejection of this bail application.

Heard learned counsel for both the parties and perused the record. Considering the overall facts and circumstances of the case and looking to the custody period of the applicant but, without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of. Certified copy as per rules.