Suresh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary /challan papers.

This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.281/2023 registered at Police Station Sondwa, District Alirajpur (MP) for offence punishable under Sections 376, 376(2)(k), 506 of the IPC.

The allegation against the applicant is of committing rape.

Learned counsel for the applicant submitted that the prosecutrix was a consenting party and was known to the present applicant since long. A photograph of the applicant with the prosecutrix is also placed on record. Counsel has also submitted that the FIR has been lodged after two days and the prosecutrix is a mother of four children. The chargesheet has already been filed and the applicant is lodged in jail since 02.12.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand has opposed the application and prays for its rejection.

Having considered the rival submissions, perusal of the case diary, photograph of the applicant with prosecutrix and chargesheet has been filed and considering the fact that the applicant is lodged in jail since 02.12.2023 and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon 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) Criminal Procedure Code, 1973.

Certified copy as per rules.