PUSHPENDRA JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.190 of 2023 registered at Police Station Dinara, District Shivpuri (M.P.) for offence punishable under Ss. 450, 328, 376, 323, 506 and 34 of the IPC. The applicant is in judicial custody since 09/08/2023. As per the case of prosecution, prosecutrix submitted a typed complaint to the SHO, Police Station Dinara, District Shivpuri (M.P.) on 02/08/2023 inter alia alleging that she was lying on cot at her home. On 10/07/2023 around 9.30 in the night, her husband had gone to meet relatives. Her neighbor/applicant-accused came to her home and set her on cot. Accused applied some intoxicant on her mouth and nose. She went unconscious. Thereafter, accused committed rape on her. After regaining her consciousness, she went to house of accused. Accused threatened to kill her, if she reports. She also complained to father of the accused but he assaulted her. He informed her husband on 02/08/2023 and thereafter, she is lodging the complaint. On such allegations, Police Station Dinara, District Shivpuri (M.P.) registered FIR in Crime No. 190/2023 for the offence punishable under Ss. 450, 328, 376, 323, 506 and 34 of the IPC. Statement of the prosecutrix under Sec. 161 and 164 of the Cr.P.C were recorded. Statement of other witnesses have also been recorded. Applicant/accused was arrested on 9/8/2023, he is custody ever since. Relevant seizures have been made and charge sheet was filed on 10/09/2023.

(2.) Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is aged around 23 years whereas prosecutrix is aged 28 years. Applicant has falsely been implicated in the matter due to previous enmity between the neighbours. Learned counsel for the applicant referring to statement of prosecutrix in FIR, statement before Medical Officer and statement recorded under Sec. 164 of the Cr.P.C submits that prosecutrix is giving different versions of incident at different point of time. Learned counsel submits that FIR is lodged with delay of 22 days after premeditation. Learned counsel for the applicant further submits that applicant is resident of village Kurrol, Police Station Dinara, District Shivpuri. He is pursuing his studies. He is also working as labourer. There is no likelihood of his absconsion leaving behind his studies and family. Both the parties belong to same socio- economic status, therefore, there is no likelihood of tampering with the evidence. Jail incarceration is causing hardship to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

(3.) Accordingly, it is directed that the applicant PUSHPENDRA JATAV shall be released on bail in connection with Crime No.190 of 2023 registered at Police Station Dinara, District Shivpuri (M.P.) for offence punishable under Ss. 450, 328, 376, 323, 506 and 34 of the IPC, upon furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :