Manish Mode S/O Rajendra Mode vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.677/2019 registered at Police Station Vijay Nagar, District Indore (MP) for offence punishable under Sections 294, 376 (2) (n) and 506/34 of the Indian Penal Code, 1860.

The applicant is in custody since 23.07.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Sections 294, 376 (2) (n) and 506/34 of the Indian Penal Code, 1860 has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The prosecutrix is a major lady aged about 22 years. According to the statement of the prosecutrix, she stayed in Galaxy Park Hotel, where the applicant committed rape upon her; and one Sanjay came into the room and he also made physical relationship with her, but neither the prosecutrix raised any alarm nor tried to escape from the hotel and reported the incident to the staff of the hotel. She remained in the hotel for a period of two days, which clearly indicates that she was the consenting party. The applicant is in custody since 23.07.2019. The investigation is over and charge sheet has already been filed. There is no possibility of his absconsion or tampering with the evidence, if enlarged on bail. The conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

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 applicant 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 applicant is allowed. The applicant is directed to be released on bail upon his / her 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 his / her regular appearance before the trial Court during trial with a condition that he / she 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.