Pankaj vs State Of M.P

S.K. Awasthi, J

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.3/2020, registered at Police Station Kotwali, District Dewas, concerning offence under Sections 376, 450, 294, 323, 506 of IPC 1860.

As per prosecution story complainant/prosecutrix lodged a report that she is well known to the applicant and he had borrowed Rs.25,000/- from her, however, when she demanded back the money, the applicant denied to repay the same. On 18/12/2019 when she was alone in her house, the applicant came there and committed rape upon her. It is further alleged that on 28/12/2019 the applicant threatened the prosecutrix to kill if she discloses the incident to anyone. On the basis of which FIR was registered for the aforesaid offences.

Learned counsel for the applicant has submitted that the prosecutrix is a major married lady aged about 35 years and according to the averments made in the FIR as well as the statement of the prosecutrix recorded under Section 164 of Cr.P.C, on 18/12/2019, when she was alone in her house, the applicant came to her house and committed sexual intercourse with her, without her consent, however, at that time neither raised any alarm nor complained anyone regarding the act of the applicant. She has lodged FIR on 01/01/2020, after a delay of 13 days of the incident and no plausible explanation has been offered by the prosecutrix regarding the aforesaid delay. It is further submitted that the present applicant borrowed an amount of Rs.25,000/- from the prosecutrix and she was demanding back the money from him, however, he did not repay the money, therefore, the prosecutrix has made false complaint against the applicant regarding commission of rape. This fact is also mentioned in the FIR that the applicant has borrowed Rs.25,000/- from the prosecutrix. The applicant is in custody since 02/01/2020. Investigation is over and charge-sheet has been filed. Conclusion o f trial will take sufficient time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the State 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 the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial 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) 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.