Sheru @ Shailendra vs State Of M.P

G.S. Ahluwalia, J

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed as withdrawn by order dated 20/09/2021 passed in MCRC No.46308/2021.

The applicant has been arrested on 24/06/2021 in connection with Crime No.289/2021 registered at Police Station Lahar, District Bhind for offence under Sections 450, 376 and 506 of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has admitted in her cross-examination that the physical relationship with the applicant took place with her consent. It is submitted that the prosecutrix is major and is a married lady, therefore, if any physical relationship had taken place with the consent of the prosecutrix, then it would not be offence of under Section 376 of IPC. It is further submitted that when the prosecutrix was cross-examined by the Public Prosecutor, at that time also in paragraph of 4 of her cross-examination, she had stated that her physical relationship with the applicant was with her consent. It is submitted that at present there is no substantive evidence against the applicant. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted by the counsel for the State that the applicant has a criminal history and one more offence under Section 323, 294, 506 and 34 of IPC has been registered against him.

In view of the evidence of the prosecutrix as well as considering the facts and circumstances of the case, 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/- (Rupees One Lac) 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 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 and others 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 rules.