Manish vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 25/02/2021 in connection with Crime No.76/2021 for offences registered under Sections 376, 376(2)(n), 294 of IPC, police station Rampayali, District Balaghat.

Allegation against the applicant/accused is that he committed repeated rape with the prosecutrix on promise to marry her.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 25/02/2021. Charge sheet has been filed and trial will take time and from the facts of the prosecution case, it appears to be a case of consensual sexual intercourse and there is no likelihood of the applicant absconding or tampering with the evidence. In the circumstance, the applicant's custodial trial is not warranted. Hence, learned counsel for the applicant has prayed that the applicant/accused be released on bail.

Learned PL for the respondent/State has opposed the application and prayed for its rejection.

Having considered the contentions of learned counsel for the parties and on perusal of record, in view of this Court the applicant is entitled to get benefit of bail. Hence, this application is allowed. It is ordered that the applicant Manish be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rules.