Madhya Pradesh High Court
Rohit Dehariya vs The State Of Madhya Pradesh on 18 April, 2017
MCRC-3901-2017
(ROHIT DEHARIYA Vs THE STATE OF MADHYA PRADESH)
18-04-2017
Shri A.D. Mishra, counsel for the petitioner.
Shri K.S. Patel, Panel lawyer for the respondent-State.
Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Rohit Dehariya in Crime No.545/2016 registered by Police Station Chhindwara Dehat, District-Chhindwara under Sections 306 and 376 (2)
(n) of the I.P.C.
As per the prosecution case, the deceased was a major being 19 years of age. For a period of about a month before the date of the incident, the petitioner had established sexual relation with the deceased on several occasions on the false promise of marriage. Subsequently, the deceased missed her menstrual cycle; therefore, she suspected that she had become pregnant. Thereafter, she approached the petitioner on 27.11.2016. Petitioner called her to his field. When the deceased went there, the parents of the petitioner scolded and beat her. The petitioner did not come to her rescue. Later, the deceased called the petitioner Rohit on telephone, he came on the spot and cursed the deceased and left. Dejected by aforesaid rejection, the deceased committed suicide by hanging.
Learned counsel for the petitioner submits that during the post mortem examination, uterus of the prosecutrix was found to be empty and normal i.e. to say, she was not pregnant on the date of the incident. Even if all allegations made against the petitioner are taken at their face value and presumed to be true, at worst, it was a sexual relationship between two adults for mutual gratification and the deceased has leveled vague allegations against the petitioner in the suicide note. The petitioner has been in custody since 26.12.2016 and the charge sheet in the matter has been filed; therefore, it has been prayed that the petitioner be released on bail.
Learned panel lawyer for the respondent State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety particularly the facts that:
1. the deceased was not found to be pregnant on the date of the incident;
2. she was a major being 19 years of age;
3. the allegations leveled against the petitioner in the suicide note are vague in nature;
4. the petitioner has been in custody since 26.12.2016;
5. charge sheet in the matter has been filed;
-in the opinion of this Court, petitioner Rohit Dehariya deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Rohit Dehariya is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C. Certified copy as per rules.
(C V SIRPURKAR) JUDGE sh