Rajkumar Singh Dhanvare vs State Of Madhya Pradesh

Vivek Agarwal, J

This second bail application is filed on behalf of applicant Rajkumar Singh Dhanvare under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.44/2023 registered at Police Station Shivpur, District Hoshangabad (M.P.), for the offences punishable under Sections 376(2)(n) of Indian Penal Code.

First bail application being M.Cr.C.No.20659/2023 filed by the applicant is dismissed as withdrawn by order dated 15.05.2023 with liberty to renew the prayer after prosecutrix is examined and cross-examined before the trial Court.

When Prosecutrix had appeared before this Court, she was identified by Shri Gurucharan Singh Tomar. She was directed to appear before the Court of learned Addl. Sessions Judge Hoshangabad and record her statements. She had recorded her statements. She had made a submission that there was misunderstanding between her and the applicant. After engagement, applicant had refused to marry her, therefore, she had lodged a report. Now a compromise is entered between the parties and applicant has decided to marry her as soon as he is released from jail.

Shri Gurucharan Singh, leaned counsel for the applicant submits that he too has instructions from his client that applicant is willing to marry the prosecutrix.

Looking to the fact that both the prosecutrix and the applicant are adults, her statement has already been recorded, she has not supported prosecution case and then there is a possibility of rehabilitation of two youths in a family life, applicant is in custody since 19.02.2023, he is falsely implicated in this case, the trial will take sufficient time for its conclusion, hence, prayer is made to enlarge the applicant on bail.

Learned Panel Lawyer looking to the statement of prosecutrix and the noble cause does not oppose the bail application.

Taking these facts into consideration, this Court is of the opinion that this is a fit case to extend benefit of bail to the applicant. Hence, without commenting on the merits of the case, this bail application is allowed.

It is directed that applicant Rajkumar Singh Dhanvare be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy today as per rules.