Raju @ Rashid vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bahodapur, District Gwalior in Connection with Crime No.239/2022 registered for the offence punishable under Sections 376, 376(2)(N), 506 and 34 of IPC. Further added Sec. 370, 109 and 376-D of IPC.

The allegation against the present applicant is of committing continuous rape upon the prosecutix on the false promise of marriage. On the basis of which, aforesaid crime was registered against the present applicant.

Learned counsel for the applicant argued that the applicant is innocent person and has been falsely implicated. It is further argued that as the incident allegedly took place on 15.10.2020, whereas, FIR has been lodged in the year 2022. It is submitted that in the present case the applicant is in custody since 19.04.2022. It is further argued that as per the facts mentioned in the FIR that the applicant was under custody from Feb. 2021 to March 2022 in another case, therefore, the allegation against him that he is father of girl child is prima facie false. He has further argued that prosecutrix in her statement under Section 164 of Cr.P.C. has completely changed her version and therefore, the applicant deserves to be released on bail.

On the other hand, learned State counsel as well as the counsel for the complainant opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties.

In view of the facts and circumstances of the case so also in light of statement of prosecutrix recorded under Section 164 of Cr.P.C. and delay in lodging the FIR, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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/committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.