Manohar vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 304/2019, registered at Police Station-Kantafod, District-Dewas, for commission of the offences under Sections 376, 376(2)(n) and 506 of the IPC .

As per prosecution story, on 24/6/2019, the father of the prosecutrix lodged a missing report of his daughter. During investigation, the prosecutrix was recovered on 25/10/2019 and she disclosed that applicant committed rape upon her.

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 married lady aged about 32 years. She visited various places with the applicant by public transport and remained in his company for about four months, during which neither she raised any alarm nor tried to escape from his company. Moreover from the missing person report, it appears that when the sister of the prosecutrix called her on mobile phone, then she told her sister that she had gone with the applicant out of her own will and they do not try to search her, which clearly shows that the prosecutrix was the consenting party. The applicant is in custody since 07/11/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these change of circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

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 on his 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 the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.