Reena vs State Of M.P

G.S.Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed by the applicant for grant of bail.

The applicant has been arrested on 14/12/2020 in connection with Crime No.309/2020 registered at Police Station Bagchini, Distt. Morena for offence under Sections 376-D, 366, 342, 120-B, 370, 372 and 373 of IPC.

It is submitted by the counsel for the applicant that the first bail application was dismissed by order dated 18/01/2021 passed in MCRC No.1122/2021 with liberty to revive the prayer after charge-sheet is filed. It is submitted that the police after concluding the investigation has filed the charge-sheet. The allegations are that the prosecutrix is resident of Jabalpur and works alongwith Caterers for preparing food in the parties. The co-accused Ram Kishan @ Nanna was known to her who informed that a VIP waitress is required at Dholpur and, therefore, she may go there. On the information given by co-accused Ram Kishan @ Nanna, the prosecutix came to Narsinghpur, where she met with co-accused Ram Kishan @ Nanna. She came to Dholpur alongwith co-accused Ram Kishan @ Nanna by train where the co-accused Ram Kishan @ Nanna handed over the prosecutrix to one person, who brought her to the house of the applicant. The applicant in her turn handed over the prosecutrix to one Rahul, who allegedly committed rape on her for three or four times. The uncle to whom the prosecutrix was handed over by Ram Kishan @ Nanna also committed rape on her. On one day after getting an opportunity, she succeeded to run away from the hut and informed the police. It is submitted by the counsel for the applicant that even if the entire allegations are accepted, then it is clear that the applicant is an innocent person and under bonafide belief she allowed her to go with Rahul because Rahul was in the business of Catering. It is further submitted that there is no allegation that the applicant was in any manner involved in purchase or sale of the prosecutrix. The duration of stay of the prosecutrix with the applicant is few hours. The trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the police case diary, it is submitted that the applicant has no criminal history.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/03/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.