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Judgment
16 paragraphs · 282 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 24/12/2021 in connection with Crime No.562/2021 registered by Police Station Kolaras, District Shivpuri for
offence punishable under Sections 376 and 506-B of IPC.
It is submitted by the counsel for the applicant that the prosecutrix is undisputedly a major girl aged about 22 years. On 18/10/2021, she eloped with
the applicant and went to Ahmedabad where they stayed for two months. No complaint was ever made by the prosecutrix about her forcible detention
at Ahmedabad. It appears that the prosecutrix was a consenting party. 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.
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.