Rambabu vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 11.09.2023 in connection with Crime No.93/2023 registered at Police Station Sironj, District Vidisha (M.P.) for commission of offence punishable under Sections 376D, 323, 506 of IPC.

Prosecution case, in brief, is that in the intervening night of 19/20.3.2023 when prosecutrix was sleeping along with her two minor daughters in her house, applicant and co-accused Amar Singh came there, they asked about her husband and child and thereafter assaulted her due to which she sustained injuries on her both legs and hands. They forcefully committed sexual intercourse with her also.

Learned counsel for the applicant referring FIR bearing Crime No.429/2021 registered against the prosecutrix and her husband for offence punishable under Section 379 of IPC of IPC at Police Station Sironj, District Vidisha, NCR dated 3.6.2022 registered against the prosecutrix for offence punishable under Sections 323, 504 of IPC and order dated 19.1.2022 passed by the Sub Divisional Officer, Sironj in Case No.209/Appeal/2022 submits that there was property dispute between the applicant and prosecutrix's family due to which prosecutrix used to make false complaint against the applicant. On the instance of the prosecutrix, an FIR was lodged by her daughter bearing Crime No.44/2023 registered at Police Station Sironj, District Vidisha against the applicant wherein applicant was enlarged on anticipatory bail vide order dated 12.6.2023 passed by this Court in M.Cr.C. No.19079/2023. He further submits that the prosecution case apparently appears unnatural as no injury was found on the body of the prosecutrix. The applicant has falsely been implicated in the matter. The applicant is in custody since 11.09.2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State has opposed the application and submits that prosecutrix in her FIR as well as statement recorded during investigation has not stated against the applicant, her minor daughter in her statement during statement under Section 161 of Cr.P.C. have supported the prosecution case, therefore, applicant does not deserves to be enlarged on bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant specially with regard to the fact that prior to the incident applicant himself lodged complaint against the prosecutrix and her husband, without commenting anything on the merits of the c as e, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.