Prakash vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 03.09.2021 in connection with

Crime No.690/2021, registered at Police Station-Nagda, District- Ujjain (M.P.) for commission of offence punishable under Section 366, 376(2)(N)

and 506 of IPC.

Prosecution story, in brief, is that applicant on false pretext of marriage took the prosecutrix at different places and committed rape upon her

repeatedly.

Learned counsel for the applicant submits that prosecutrix is a major lady aged about 40 years. The applicant and prosecutrix both are relatives and

were known to each other. Prosecutrix voluntarily went with the applicant and applicant has not committed any offence. F.I.R. is delayed by more

than one month without any reasonable cause. Applicant is in custody since 03.09.2021. He has been falsely implicated in the matter. Investigation is

complete and charge-sheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submits that the applicant on false pretext of marriage made relations with the

prosecutrix. The offence alleged against the applicant is of serious nature. Therefore, applicant does not deserve to be enlarged on bail.

Having considered the rival submissions, age of the prosecutrix and delayed F.I.R. and also considering the 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.