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Judgment
12 paragraphs · 375 wordsPrem Narayan Singh, J
This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail.
T he applicant is facing trial in connection with Crime No.469/2023, registered at Police Station Peethampur District Dhar for the offence punishable under Sections Section 376, 376(2)(n) of IPC. The applicant is in custody since 31.10.2023.
As per the prosecution story, the allegations against the applicant is that he has committed rape upon the prosecutrix on the pretext of marriage. Hence, the case was registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the prosecutrix is a major lady and aged about 28 years. The prosecutrix herself was a consenting party and she itself has alleged that the applicant has only put vermilion on her forehead and never married her in the Court. The applicant is in custody since 31.10.2023. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Government Advocate has opposed the application.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.