Uday Singh vs State Of MP

Anil Verma, J

This is first application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 19.7.2021 in connection with Crime No. 210/2021 registered at P.S. Amzera District Dhar for commission of offence punishable u/S 376, 323, 342, 506(2) of IPC.

As per prosecution story, on 2.5.2021 at about 4 p.m. present applicant forcibly took the prosecutrix in a house situated at Kolikuva Amjhera and sustained her several injuries and committed rape upon her. Prosecutrix lodged the FIR of the incident at Police station Amjhera. Accordingly offence has been registered against the applicant.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the offence. The applicant is in custody since 19.7.2021, investigation is over and charge sheet has been filed. He further submits that prosecutrix has been examined before the trial court and she has turned hostile and not supported the prosecution version. Final conclusion of trial will take sufficient long time. The applicant is a young person of 21 years of age and permanent resident of District Dhar. Hence he prays that applicant be released on bail.

Per contra, learned P.L. for respondent - State opposes the bail application and supports the order impugned and prays for rejection of the bail application.

After perusal of the statement of prosecutrix (PW-1) before the trial court it appears that she has been turned hostile and not supported the prosecution story. She categorically stated in her statement that neither applicant abducted her nor committed rape upon her.

After considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that prosecutrix has been turned hostile before the trial court and she did not state anything against the applicant regarding the aforesaid offence, final conclusion of trial will take sufficient long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) of Cr.P.C.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy as per Rules.