AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 393 wordsSubodh Abhyankar, J
They are heard. Perused the case-diary.
This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.333/2022 registered at Police Station - Chapiheda, District - Rajgarh (MP) for offence punishable under Section 376, 540, 506 and 509 of IPC. The applicant is in custody since 05.12.2022.
The allegation against the applicant is that he has committed rape upon the prosecutrix.
Counsel for the applicant has submitted that the applicant is lodged in jail since 05.12.2022. It is further submitted that the date of incident said to be is 26.10.2022 whereas on 28.10.2022, the applicant has also lodged an FIR for assault by family members of the prosecutrix on 26.10.2022. However, as the applicant was threatened by the family members of the prosecutrix, the FIR was lodged after two days of the incident. In the present case, the FIR has been lodged on 05.12.2022 wherein the date of incident is mentioned on 26.10.2022 which is clearly apparent from the FIR. The charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time. Hence, it is prayed that the application be allowed and the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that the FIR in the present case has been lodged after the delay of two months.
Having considered the rival submissions and on perusal of the case-diary, and taking note of the fact that the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time and in view of the cross-case registered by the applicant prior to the FIR of complainant, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
C.c. as per rules.