MAZID KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail. T he applicant was arrested on 16/2/2023 in connection with Crime No.119/2023 by Police Station-Bahodapur, District- Gwalior (M.P.) for the offence punishable under Ss. 376, 376D, 384, 506 of IPC.

(2.) I n brief case of the prosecution is that, on 15/2/2023, prosecutrix a married lady aged about 30 years lodged a computerized complaint with Police Station Bahodapur District Gwalior against present applicant and co-accused Chhotu alias Raghvendra Jadon regarding commission of rape with her. As per her complaint, she resides at Sagartal Chouraha, Bahodapur. Her husband works in a hotel. She offenly goes to market. Present applicant is an auto driver. He had given his mobile number to the prosecutrix. On 29/1/2023 at 7:15 pm she had gone to the market to purchase vegetables. She called present applicant. He came to receive her. By sitting in his auto, she reached at Bahodapur. Present applicant told her that he has to fill the gas. They reached at Sagartal. At Sagartal co-accused Chhotu alias Raghvendra sat in the auto. Thereafter he threatened her to kill her children. Thereafter present applicant took auto in a forest situated near Motijheel Pahadiya. He told the co-accused to do watchmanship. Present applicant took her in bushes and committed sexual intercourse with her. Thereafter by leaving her outside her house, they fled away. Present applicant threatened her by saying that he prepared her video and demanded money from her. She had given approx Rs.23000.00 to him. On her report, aforesaid crime was registered. She was sent for medical examination. Nothing adverse was found. Applicant was arrested. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. After investigation, charge-sheet in the matter has been filed and therefore, further custodial interrogation of the applicant is no more required. Conclusion of trial will take its own time. The applicant is in custody since 16/2/2023 and he is the permanent resident of District-Gwalior (M.P.). He is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

(3.) Learned Panel Lawyer for the State vehemently opposed the application and prayed for rejection. Heard learned counsel for the parties and perused the case-diary. Looking to the aforesaid facts and circumstances of the case, without commenting upon 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 the applicant furnishes a cash surety of Rs.25,000.00 alongwith a personal bail bond in the sum of Rs.25,000.00 (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said cash security will stand forfeited automatically without notice to the applicant.