Omprakash Jatav vs State Of Madhya Pradesh

Shailendra Shukla, J

Submissions were made on bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.210/2021, registered at

police station Narsinghgarh, for the offence punishable under Sections 450, 376, 506, 455 and 354 of IPC. He is in custody since 15.4.2021.

As per prosecution story, the prosecutrix aged 35 years married woman, having 4 children lodged a report on 14.4.2021 that she was raped by the

applicant, a friend's of her husband on 9.3.2021. It has been stated that the said incident occurred while her husband was in his shop and at that point

of time her children were playing outside. At that point of time, she had been threatened by the applicant and therefore, she did not lodge a report.

Thereafter on 12.4.2021 also the applicant tried to enter her house and tried to force himself upon her. The prosecutrix cried aloud and applicant

rushed out of her house.

Learned counsel for the applicant submits that even after the second incident on 12.4.2021, no report was lodged immediately, but was lodged on

14.4.2021 and there was no reason not to lodge a report after the first incident, ie., 9.3.2021.

Learned Panel Lawyer for the State was heard who submits that due to continuous harassment the prosecutrix ultimately has lodged a report.

Considered.

In view of the submissions mainly those made by learned counsel for the applicant, without expressing any opinion on merits of the case, the bail

application filed on behalf of the applicant is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with

local solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the

concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the

conditions enumerated under section 437(3) Cr.P.C.

A copy of this order be sent to the concerned trial court for its compliance.

The bail application stands allowed and disposed of in the aforesaid terms.

C.c. as per rules.