ARVIND SENGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The applicant has been arrested on 7/1/2023 by Police Station- Jhansi Road, District- Gwalior (M.P.) in connection with Crime No.11/2023 for the offence punishable under Ss. 376-D, 294, 323, 324, 506 and 120-B of IPC.

(2.) I n brief, prosecution case is that on 7/1/2023 police Inspector Varsha Singh- of Crime Branch on receiving the information reached police Station Jhansi Road, Distt. Gwalior, where prosecutrix informed that she is a married lady aged 30 years. On 6/1/2023 at 4 pm without informing anyone she went to platform No.1 to give food to his brother Langda, but he did not find there. She stayed upto 10 pm at the station. When she was returning, at the roundabout she saw one capsized auto in which three persons were there. Some persons helped to keep the auto straight. Thereafter the persons sitting in that auto came near her and one of them asked as to where would she go. Afterwards prosecutrix sat in their auto. They took her towards Sheetla and thereafter one of them fair coloured person committed rape with her in a field. Three accused persons were taking their names as Arvind Sengar (fair coloured accused), Rambeer and Sanju Jatav. On her report, crime for the aforesaid offences was registered. She was sent for medical examination. Applicant has been arrested on 7/1/2023. After investigation, charge-sheet has been filed.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is in custody since 7/1/2023. Investigation has been complete and charge-sheet has been filed. Prosecutrix is a married lady. He undertakes to cooperate in trial. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made out. Learned counsel for the State vehemently opposed the prayer and prayed for dismissal of the application. Looking to the overall facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes cash surety of Rs.25,000.00 (Rupees Twenty Five Thousand Only) with personal bond of the like amount to the satisfaction of the trial Court, he should be released on bail.