AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 347 wordsVivek Agarwal, J
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Sunil Baghel, who is in custody since 12/02/2022 in connection with Crime No.63/2022 registered at Police Station Bandol, District Seoni for the offence punishable under Sections 376, 376(2)(n) of the Indian Penal Code 1860 (for brevity "I.P.C").
It is submitted that its a case of consent. Admittedly prosecutrix was married. She divorced her husband as she was in relationship with present applicant. There is no prima facie evidence to show that prosecutrix was subjected to violation of her privacy in the name of marriage. Investigation is complete, charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering other facts & circumstances of the case, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
I t is directed that applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court for his appearance before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
I n view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.