Rahul Chouhan vs State Of Madhya Pradesh

S.K. Awasthi, J

This is the first bail application under Section 439 of the Cr.P.C., for grant of bail in connection with Crime No.400/2020 registered at Police Station-

Anjad, District-Barwani, for commission of the offence punishable under Section 366, 376 & 376 (2) (N) of I.P.C.

As per prosecution case, the complainant lodged a missing report alleging that her daughter is missing. During the course of enquiry police recovered

the prosecutrix and on the basis of her statement the aforesaid offence has been registered against the applicant.

Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. It is further

submitted that the prosecutrix is a major girl, aged about 18 years and she was having love affair with the applicant. It is further submitted that when

the applicant took the prosecutrix by bus, during which she had not raised any alarm or complained anyone regarding the act of the applicant. It is also

further submitted that prosecutrix remained in the company of the applicant in house where the parents of the applicant were also residing. However,

during which neither she made any complaint to anyone that applicant took her forcefully nor tried to escape from his company which clearly shows

that she was the consenting party. The applicant is in custody since 28.08.2020. Investigation is over, charge sheet has been filed. Conclusion of trial

will take sufficient long time. In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned counsel for the respondent / 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 applicant, 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) of 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.