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Judgment
38 paragraphs · 339 wordsShri Mahavir Pathak, learned counsel for the complainant.
Prosecutrix present in person alongwith her grand-father.
With consent heard finally.
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 24-11-2019 in
connection with Crime No.575/2019 registered at Police Station, Kotwali Ashoknagar, District Ashoknagar, for the offence punishable under Sections
344, 365, 376-D, 376(2)(n) of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
24.11.2019, whereas charge-sheet has already been filed. It is further submitted that prosecutrix and applicant have entered into wedlock and before
arrest they were living as couple. Even today prosecutrix intends to live with the applicant as his wife, and therefore, she is living at his residence.
Considering the fact situation, chance of tampering with evidence/witness is remote. He undertakes to perform community service. Thus, prayed for
bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the application.
Learned counsel for the complainant on the basis of instructions from the prosecutrix fairly submits that prosecutrix is major and she can take her
decision. He extended his no objection if the bail is granted.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.