Praveen vs State Of Madhya Pradesh

This is repeat (second) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.168/2018, registered at Police Station-Dwarikapuri, District-Indore, for commission of the offences under Sections 195(A), 493, 506, 376(1) and 450 of the IPC.

As per prosecution story, it is alleged that the applicant made physical relationship with the prosecutrix on the pretext of marriage and later on, he refused to marry with her.

Learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is also submitted that initially the prosecutrix lodged the report against the applicant for commission of offence punishable under Section 376 and 506 of the IPC, on the basis of which FIR bearing Crime No. 318/2017 was registered at Police-Station-Nandura (Maharashtra), in which the applicant has been granted bail. It is alleged that after releasing from the jail, the applicant met with the prosecutrix and made physical relationship with her on the pretext of marriage and later on he refused to marry with her. However, the prosecutrix is already a married lady and she is having three children. From the statement of the prosecutrix recorded under Sections 161 and 164 of the Cr.P.C., it appears that she remained with the applicant in live-in- relationship for considerable time, which clearly indicates that she was the consenting party. It is further submitted by the learned counsel for the applicant that after releasing of the applicant from the jail in the first case, the prosecutrix got frustrated and she lodged the false FIR against him. Earlier bail application of the applicant was dismissed as withdrawn by this Court, vide order dated 25/11/2019 passed in M.Cr.C. No. 48772/2019 granting liberty to him to renew his prayer after filing of the charge-sheet. Now the investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor as well as learned counsel for the complainant/objector 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 regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.