Urmila Kushwah vs State Of Madhya Pradesh

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 13/03/2021 in connection with Crime No.68/2021 registered by Police Station Khaniyadana, District Shivpuri for offence punishable under Sections 305 of IPC. Further added Section 376 (d), 506 of IPC, Section 67 of IT Act and Section 3/ 4 of Protection of Children from Sexual Offences Act.

It is submitted by Shri Sharma that according to prosecution case, the deceased had informed the witnesses that on the date when she was raped and her video was filmed, the applicant was standing outside the door. It is submitted that except this allegation, there is no other allegation against the applicant. There is no allegation that applicant in any manner had assisted the co-accused to either commit rape or to prepare video film. She is in jail from 13.03.2021. Trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and 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/-(Rs. One Lac Only) 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 the 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 o f Aparna Bhat & Ors. vs . State of M.P. passed on 18/3/2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.