Nishant Singh vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 358/2023, registered at Police Station-Nagod, District-Satna (MP) for the offence under Sections 376, 323 and 506 Part II of Indian Penal Code.

Counsel appearing for applicant submitted that there is delay in lodging of FIR. It is also submitted that prosecutrix was consenting party and no rape has been committed on her. Considering aforesaid circumstances, applicant be released on bail.

3 . Learned Government Advocate appearing for State opposed the application for grant of bail.

Heard the counsel for the parties.

There is delay in lodging of FIR. Prosecutrix is major and a mature woman. There appears to be some relationship between the parties.

Considering aforesaid circumstances, bail application filed by applicant is allowed.

It is directed that the applicant be released on furnishing a personal bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with solvent sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial on aforesaid conditions.

The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.