Trilok vs State Of Madhya Pradesh

This fourth application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.252/2016 registered at Police Station Station Road Ratlam District Ratlam (MP) for offence punishable under Sections 323, 342 and 376 of the

Indian Penal Code, 1860.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding physical assault, wrongful confinement and commission of

rape, the present case has been registered against the applicant.

Learned counsel for the applicant has submitted that the prosecutrix is the legally wedded wife of the applicant and filed an application before the

Family Court for divorce against the applicant. It is alleged that during the pendency of the aforesaid case, the applicant came to the house of the

prosecutrix and committed rape upon her. However, she has already been examined before the trial Court on 21.01.2020 and in her cross examination,

she accepted that the applicant has not made physical relationship with her. She has lodged report against the applicant due to personal dispute. Under

these circumstances, no alleged offence is made out against the applicant. The applicant is in custody since 05.09.2019. The investigation is over and

charge sheet has already been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the

applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is

made out for releasing the applicant on bail; hence he prayed for rejection of the application.

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 upon his / her 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 trial Court, for his / her

regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and

shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.