Sanjay @ Sanju vs State Of Madhya Pradesh And Others

Shailendra Shukla, J

This is second application under Section 439 of Cr.P.C. for grant of bail. Applicant - Sanjay @ Sanju S/o Ganesh Chouhan is implicated in Crime No.177/2021 registered at Police Station Pithampur Sector-1, District Dhar for the offence punishable under Sections 376(2)(n), 342, 323, 376 and 506(2) of IPC.

Earlier vide order dated 15.07.2021, his first bail application was dismissed as withdrawn with liberty to renew the prayer after examination of prosecutrix.

Learned counsel for the applicant has drawn Court's attention to the deposition of prosecutrix who supports the prosecution story but learned counsel submits that there are many important lacunae in her statements. Firstly, the incident had occurred on 23.02.2021 and FIR had been lodged on 02.04.2021 wherein the prosecutrix has stated that because of fear, she had not reported earlier. He has further drawn Court's attention to para-9 of deposition of prosecutrix, who has stated that applicant had threatened her that he would make her video viral and therefore, she was frightened but such statements are not mentioned in the FIR and police statements. The prosecutrix has stated that after committal of rape, applicant had threatened and asked her to vacate her premises and had also assaulted her brother and father but report was still not lodged immediately. Further, prosecutrix in para-11 of her deposition has admitted that applicant had taken Rs.20,000/- from one Ajay and out of that. amount, he had given Rs.10,000/- to father of prosecutrix. She  further admits that from the aforesaid amount of Rs.10,000/-, applicant had taken prosecutrix to shopping where she had shopped out of the aforesaid amount. Further she has admitted that she had accompanied the applicant to the water-park Paatalpani, hotel and dhabas where both had consumed food together etc. Learned counsel for the applicant submits that prosecutrix is a major lady and in view of such submissions, bail has been sought to be allowed.

Learned Public Prosecutor for the State was also heard who has opposed the bail application submitting that father of proscutrix has suffered injuries in this case.

Considered.

O n due consideration of the aforesaid submissions mainly those advanced by learned counsel for the applicant and after perusal of deposition placed on record, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant Sanjay @ Sanju shall 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 to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

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

M.Cr.C. No.43331/2021 is allowed and stands disposed of.

Certified copy, as per rules.