Vikram vs State Of Madhya Pradesh

S.K. Awasthi, J

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.180/2020, registered at Police Station Karanvas, District Rajgarh for offence punishable under Sections 376, 506 and 450 of IPC.

As per prosecution case, on 15.08.2020 at late night when the prosecutrix was sleeping in her room, the applicant came there and made physical relationship with her.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. The prosecutrix is a major and married lady aged about 35 years. According to the FIR as well as the statement of the prosecutrix recorded under Sections 161 and 164 of Cr.P.C., when she was sleeping in her room, at that time, the applicant came there and made physical relationship with her. However, at the same time, the husband and children of the prosecutrix were also present in the house and there is nothing on record to show as to how the applicant entered the room of the prosecutrix. It is further submitted that the incident had taken place on 15.08.2020 and FIR was lodged on 17.09.2020, after a delay of one month and two days and no plausible explanation has been offered by the prosecutrix regarding the delay. The applicant is in custody since 23.09.2020, investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

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 on 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 the 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) Cr.P.C.

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