Pawan vs State Of M.P

Satyendra Kumar Singh, J

After due consideration the same is allowed.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.809/2021, registered at Police Station, Khajrana, District Indore (M.P.) for commission of offence punishable under Section 343, 366, 376, 376(2) (n), 376(2)(K), 450, 506 of IPC.

Prosecution story, in brief, is that applicant abducted the prosecutrix aged about 25 years wrongfully confined her and thereafter forcefully committed sexual intercourse with her repeatedly.

Learned counsel for the applicant submits that prosecutrix is a married lady aged about 25 years. Prosecutrix's statement recorded during investigation under Section 161 Cr.P.C.as well as under Section 164 of Cr.P.C.are contradictory on the point of sequence of incident, which itself shows that she was consenting party in the matter. Learned counsel for the applicant has filed some photographs of the applicant and prosecutrix in support of his above arguments. He submits that no case is made out against the applicant. He has falsely been implicated in the matter. Applicant is in custody since 17.8.2021. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State has opposed the application. Having considered the rival submissions, material pointed out by learned counsel for the applicant, age of the prosecutrix and her statement recorded under Section 161 Cr.P.C.as well as statement recorded under Section 164 of Cr.P.C. and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.