Rakesh Malaviya vs State Of M.P

Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Rakesh Malaviya was arrested on 12/10/2020 in connection with

Crime No.647/2020 registered at Police Station Bina, District Sagar for the offence punishable under Sections 376(2)(n), 450, 506 of the IPC.

A s per the prosecution case the applicant sexually exploited the prosecutrix on the pretext of marriage and thereafter he denied to marry with her.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The prosecutrix was major and

married lady. It is alleged that for the first time applicant made sexual relation with the prosecutrix on 29/08/2020, while prosecutrix lodged the report

on 12/10/2020 and there is no plausible explanation regarding delay in lodging the FIR. The applicant has been in custody since 12/10/2020. The

charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact the prosecutrix was major and

married lady and it is alleged that for the first time applicant made sexual relation with the prosecutrix on 29/08/2020, while she lodged the report on

12/10/2020, the applicant is in custody since 12/10/2020, the charge-sheet has been filed and conclusion of trial will take time, without commenting on

the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of

Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance

before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

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

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court;

The applicant shall not commit an offence similar to the offence of which he is accused;

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

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.