Nansingh @ Rohit vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is second bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.346/2023 dated : not mentioned, registered at P.S. - Dharampuri, District - Dhar (M.P) for offences punishable under Sections 363, 506, 376(2)(n), 376, 366(A, 109 of IPC and Section 3, 4, 5(L) & 6 of Protection of Children From Sexual Offences Act. First application was dismissed as withdrawn.

Counsel for the applicant submits that by the same prosecutrix another FIR was registered which is FIR No.376/23 at Police Station Dharampuri, Dist. Dhar alleging the same incident of rape. In the said case, the bail has been granted considering the statement of the prosecutrix under Section 164 of Cr.P.C. and also the age which is 17 years. The present FIR is prior in time and the incident is said to have taken place on 20.06.2023 and information was recorded on 21.06.2023. In the statement under Section 161 Cr.P.C., the prosecutrix has not made any allegation of rape.

Counsel for the State opposes the prayer and submits that she has made allegation of rape in the statement under Section 164 Cr.P.C.

After hearing learned counsel for the parties and considering the fact that in a subsequent FIR No.376/2023 lodged by same prosecutrix alleging the same allegation, this Court has already granted bail by order dated 22.12.2023 in MCRC No.56699/2023, in the present case also the complainant and accused are same and there is no allegation of rape in the statement under Section 161 Cr.P.C., the applicant is in jail since 21.08.2023, the investigation has been completed and the charge-sheet is filed, I am of the view that the applicant is entitled for grant of bail.

It is directed that applicant Nansingh @ Rohit shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

With the aforesaid, the application is allowed and disposed off.

Cc as per rules.