Shubham Verma vs State Of Madhya Pradesh

This is repeat (fourth) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 142/2019, registered at Police Station-

Chappiheda, District-Rajgarh, for commission of the offences under Sections 366, 354(C), 376 and 376(D) of the IPC alongwith Section 66 of the

Information & Technology Act, 2000.

As per prosecution story, it is alleged that applicant provided shelter to the prosecutrix and co-accused-Kapil in his flat, where co-accused-Kapil

committed rape upon her.

Learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is in

custody since 12/06/2019. Investigation is over and charge-sheet has been filed. There is no allegation against the applicant regarding abduction or

commission of rape with the prosecutrix. The only allegation against the applicant is that he provided shelter to the co-accused-Kapil and the

prosecutrix in his flat, where co-accused-Kapil committed rape with her. It is also submitted that the applicant was not present on the spot at the time

of alleged incident. Although, it is alleged that some cameras were installed in the aforesaid room, however, no video recording of the alleged incident

has been recovered from the possession of the applicant. Earlier bail application of the applicant was dismissed as withdrawn by this Court, vide order

dated 10/12/2019 passed in M.Cr.C. No. 50073/2019 granting liberty to the applicant to renew his prayer if the prosecutrix is not appeared before the

trial Court for recording her evidence within a period of two months from the date of receipt of certified copy of this order. Certified copy of the said

order was filed before the trial Court on 12/12/2019 and thereafter, the prosecutrix was appeared before the trial Court on 03/01/2020 but she stated

that she is suffering from typhoid, therefore, she prayed for time for recording her testimony and the same was allowed and the case was fixed for

15/01/2020 for recording her evidence. However, the prosecutrix could not appear before the trial Court on 15/01/2020 and on further dates, which

are fixed by the trial Court for recording her evidence, which clearly indicates that the prosecutrix is deliberately avoiding to appear before the trial

Court for recording her testimony. Conclusion of trial will take considerable time. Under these change of circumstances, learned counsel for the

applicant prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant

be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to 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 of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide

by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.