Vikas Ahirwar vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 4.9.2023 in connection with Crime No.167/2023 registered at Police Station Badoni, District Datia for the offence punishable under Sections 376, 342 and 506 of IPC.

Prosecution story, in brief is that on 14.8.2023 at about 10:00 hours when prosecutrix went to take her child near the house of the applicant, applicant forcefully took her into his house and committed rape upon her.

Learned counsel for the applicant submits that admittedly prosecutrix is a major married lady. FIR was lodged after about 14 days of the incident without any plausible explanation. Prosecutrix was having affair with the applicant and no offence is made out against the applicant. He has filed some photographs in support of above submission. He further submits that the applicant is in custody since 4.9.2023, therefore, his custodial interrogation is no more required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled to be enlarged on bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the alleged offence is heinous in nature, therefore, applicant is not entitled for bail.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicant specially with regard to the fact that prosecutrix is a major lady and FIR has been lodged after about 14 days of the incident, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.