Mukesh S/O Bhagirath Mehar vs State Of M. P

Satyendra Kumar Singh, J

This is the first bail application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 26/10/2021 in connection

with Crime No.484/2021, registered at Police Station â€" Bhanpura, District Mandsaur (M.P.) for commission of offence punishable under Sections

376, 376(2)(n) and 506 of the Indian Penal Code, 1860 read with Section 67(A) of the Information Technology Act, 2000.

Prosecution story in brief is that, the applicant blackmailed and threatened the prosecutrix and committed rape upon her repeatedly. Thereafter, viral

the photos and video recordings. Accordingly, case has been registered against him.

Learned counsel for the applicant submits that applicant and complainant both were major at the time of incident. They were having relations with

each other. FIR is delayed by about 02 years without any reasonable cause. Photos and videos said to be made viral were seized from the mobile

phone of the prosecutrix. No case is made out against the applicant. He is in custody since 26/10/2021. Trial will take long time for its conclusion.

Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State has opposed the application as the offences alleged against the applicant are serious in nature.

Learned counsel for the complainant has not opposed the application.

Having considered the rival submissions, delay in lodging the FIR and also considering the fact that prosecutrix was major at the time of incident, this

Court is of the view that the applicant deserves to be enlarged on bail. Hence, without commenting anything on the merits of the case, the bail

application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as

may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section

437(3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by

the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.