Sonu vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dehat Ashoknagar, District Ashoknagar in Connection with Crime No.318/2022 registered for the offence punishable under Sections 376, 354 and 506 of IPC.

A s per prosecution story, on 26.04.2022 in the mid night, when the prosecutrix was sleeping with her children, the applicant/accused entered in her house and committed rape upon her. The prosecutrix lodged the report on 20.05.2022 about the incident.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the case. He is in custody since 22.05.2022. It is further argued that the prosecutrix is a married women aged about 25 years and FIR was lodged after a delay of almost one month for which no explanation was given. The trial will take time to be concluded and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for bail to the applicant.

O n the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

In view of the facts and circumstances of the case and the fact that the FIR was lodged after a month for which no satisfactory explanation was given, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.