ARUN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 2/6/2023 in connection with Crime No.112/2023 registered at Police Station Gormi, District Bhind for the offence punishable under Ss. 366, 376, 323 and 34 of IPC. Prosecution story, in brief is that in the intervening night of 18/19/4/2023 at about 2:00 hours, applicant and co-accused Jaibhan went to the prosecutrix's house. Thereafter, co-accused Jaibhan on the false pretext of marriage took the prosecutrix in the room and committed rape upon her.

(2.) Learned counsel for the applicant submits that it has been alleged against the applicant that he assisted the co-accused Jaibhan in committing abduction of the prosecutrix. He submits that the prosecutrix is admittedly major girl. It is apparent from the FIR as well as her statement that she was having affairs with the co-accused Jaibhan. No offence is made out against the applicant. He has falsely been implicated. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State has vehemently opposed the prayer. Heard the learned counsel for both the parties.

(3.) Having considered rival submission, material pointed out by the learned counsel for the applicant, age of the prosecutrix, nature of allegation alleged against the applicant and other facts and circumstances of the case, 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.50,000.00 (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 Sec. 437 (3) of Cr.P.C.