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Judgment
9 paragraphs · 290 wordsG.S.Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 05/03/2021 in connection with Crime No.57/2021, registered at Police Station Civil Line, District Datia for offence under Section 376 of IPC.
It is submitted by the counsel for the applicant that the prosecutrix is a major lady having two children. It is alleged that the husband of the prosecutrix had expired about 10-12 months back. It is alleged that the applicant persuaded the prosecutrix to reside with him on the ground that the applicant has also lost his wife and would marry her. Accordingly, the prosecutrix shifted to the house of the applicant and now he has refused to marry her. It is submitted that even if the entire allegations are accepted, then it may not be a case of consent obtained by misconception of fact. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the State.
Heard the learned counsel for the parties.
Considering the period of detention and and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rule.