Salman vs State Of Madhya Pradesh

Shailendra Shukla, J

Submissions were made on bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.177/2021, registered at

police station Bagli, Distt. Dewas, for the offence punishable under Sections 376 and 506 of IPC. He is in custody since 6.4.2021.

Learned counsel for the applicant submits that charge sheet has been filed, that prosecutrix is a major married lady, that she in her FIR only has stated

that she and present applicant knew each other and used to talk with each other and on the date of the incident, the prosecutrix was called by the

applicant and the applicant took her on motorcycle to his friend's house and committed rape upon her and when prosecutrix refused to do so, he

threatened her that he would viral the recordings. This incident occurred on 18.3.2021. Subsequently, on 19.3.2021, the prosecutrix informed her

husband thereafter, report was lodged.

Learned counsel for the applicant submits that FIR has been lodged on 5.4.2021 and there is no explanation for such delay, that no recording has been

seized, its a matter of consent and on these grounds bail has been sought.

Learned Panel Lawyer for the State was heard who fairly admits that there are no recordings in the mobile of the applicant, which has been seized.

However, he has opposed the bail application.

Considered.

In view of the submissions mainly those made by learned counsel for the applicant, without expressing any opinion on merits of the case, the bail

application filed on behalf of the applicant is allowed and it is directed that applicant's furnishing a personal bond to the tune of Rs.50,000/- with one

local solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the

concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the

conditions enumerated under section 437(3) Cr.P.C. It is made clear that after being so released, the applicant shall not in any manner threaten or

influence the prosecutrix and if these conditions are found to be breached, then this order shall stand cancelled.

A copy of this order be sent to the concerned trial court for its compliance.

The bail application stands allowed and disposed of in the aforesaid terms.

C.c. as per rules.