Pankaj vs State Of Madhya Pradesh

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Pankaj who is implicated in connection with Crime

No.381/2019, registered at Police Station-Ranapur, District-Jhabua, concerning offence under Sections 366, 376(2)(n), 506 of IPC, 1860.

As per prosecution story, on 16/06/2019, the applicant enticed away the prosecutrix on the pretext of marriage, took her to his aunt's house where he

kept her for 4-5 days and committed rape upon her.

Learned counsel for the applicant has submitted that the applicant is a young boy aged about 22 years and he is not having any criminal antecedents. It

is further submitted that the prosecutrix is a major girl aged about 22 years. Although the prosecutrix alleged that the applicant took her forcefully to

different places and committed rape upon her, however, from her statement it reveals that she has gone with the applicant on her own will and

remained in his company for a period of 4 to 5 days; during which, she neither raised any alarm nor made complaint to any one, that the applicant took

her forcefully. She also did not try to escape from the custody of the applicant, which indicates her consent. It is further submitted that the prosecutrix

solemnized marriage with the applicant on 20/06/2019; and in this regard, she also executed a notarized affidavit. The prosecutrix belong to Bhil

Community; according to their traditional customs, the applicant paid Rs.2,00,000/- to the family members of the prosecutrix on 30/07/2019 in

Community Panchayat and a letter was also written to the concerned Police Station signed by the Members of the Panchayat and signature on

Revenue Stamp was put up by the father of the applicant and the prosecutrix. It is also submitted that the prosecutrix is living in her parental house

without any sufficient cause, therefore, the applicant filed an application under Section 9 of the Hindu Marriage Act, 1955 before the Family Court,

Jhabua for restitution of conjugal right. The notice of the said application was also served upon the prosecutrix on 03/10/2019; and immediately after

that, she lodged FIR against the applicant on 04/10/2019. It is further submitted that the incident took place on 20/06/2019; FIR has been lodged on

04/10/2019 after a delay of 3½ months and no plausible explanation has been offered by the prosecutrix regarding the said delay. The applicant also

moved application under Section 438 of Cr.P.C for grant of anticipatory bail which was dismissed by this Court vide order dated 04/02/2020 passed in

M.Cr.C. No.2913/2020 by granting liberty to the applicant to surrender before the trial Court and apply for regular bail. Thereafter the applicant was

arrested by police on 17/02/2020, since then he is in custody. The applicant is not required for further interrogation. Conclusion of trial will take

considerable time. There is no possibility of absconsion or tampering of the evidence, if the applicant is released on bail. Under these circumstances,

learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant

be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail on his/her furnishing a personal bond in

the sum of Rs.50,000/- (Rupees fifty thousand only), with one solvent surety in the like amount to the satisfaction of trial Court, with a condition that

he/she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.