Pravesh vs State Of Madhya Pradesh

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 5-1-2020 in

connection with Crime No.361/2019 registered at Police Station, Dinara, District Shivpuri, for the offence punishable under Sections 354, 457, 34, 376

of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 5-1-2020.

It is further submitted that initially FIR was registered for the allegation of an act punishable under Section 354 of IPC. Later on, allegation of rape

under Section 376 of IPC added in statement under Section 164 of Cr.P.C. Confinement amounts to pre- trial detention. He undertakes to cooperate

in investigation/trial and would not be a source of embarrassment/harassment to the complainant party in any manner. He further undertakes to

perform community service. Thus, prayed for bail.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court concerned.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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Certified copy as per rules.