Madhya Pradesh High Court
Manmohan vs The State Of Madhya Pradesh on 22 November, 2018
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No. 44678 /2018
(Kamlesh Vs. State of M.P.)
M.Cr.C. No. 45003 /2018
(Manmohan Vs. State of M.P.)
M.Cr.C. No. 45597 /2018
(Narayan Patel Vs. State of M.P.)
Jabalpur, Dated: 22.11.2018
Shri Ajay Mishra, learned counsel for the applicant in M.Cr.C.
No.44678/2018.
Shri S.D. Mishra, learned counsel for the applicant in M.Cr.C.
No.45003/2018.
Shri Rakesh Kumar Jain, learned counsel for the applicant in
M.Cr.C. No.45597/2018.
Shri R. S. Shukla, learned P.L. for the respondent/State.
Heard.
Case diary perused.
Since all these cases have arisen from the same crime number (Crime No.179/2018), they are being analogously decided by this common order.
These first bail applications under Section 439 of Cr.P.C in connection with Crime No.179/2018, registered at Police Station Kesli, District Sagar for commission of offence punishable under Section 376 (d) of IPC.
The allegation against the applicants in short on 13.9.2018 complainant Priyanka being a dancer came to the house of the applicant- Kamlesh. She was sleeping with the wife of the applicant. At about 2.00 am the applicant committed rape with the prosecutrix. On the next date other co- accused, Narayan Patel also committed rape with her. Thereafter, second co- accused- Man Mohan also committed rape with her.
Learned counsel for the applicant have submitted that the applicants have not committed any offence. On the false report of the complainant, the case has been registered against the applicants. They are ready to furnish bail as per the order and shall abide by all the conditions as may be imposed by the Court. It is also submitted that Digitally signed by BASANT KUMAR SHRIVAS Date: 24/11/2018 11:14:21 THE HIGH COURT OF MADHYA PRADESH 2 they are in jail since 24.9.2018 and the trial will take long time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
On the first night the prosecutrix stayed in the house of the applicant, Kamlesh on 13.9.2018, where allegedly applicant Kamlesh committed rape with her. On second and third day she went to other places, where it is alleged that rape was committed by another applicant Narayan and later on Manmohan. The prosecutrix remained in contact of many persons in between these two days, but it seems that she did not narrate the incident to anybody. Report of the said incident has been lodged on 24.9.2018 at about 8.40 pm. The reason of delayed FIR is shown to be interrogation and confirmation of the prosecutrix by the Police, but it does not seem that any Sanha report has been written on the pretext of the prosecutrix before registering the offence.
Per-contra, learned Govt. Advocate for the respondent-State opposes the bail application.
Applicants are in custody since 24.09.2018. Prosecutrix is quire major.
Considering the aforesaid facts and circumstances of the case and the period of the custody, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, application of the applicant seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the same amount to the satisfaction of the committal/trial Court to appear before them on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.
C.C. as per rules.
(Mohd. Fahim Anwar) Judge bks Digitally signed by BASANT KUMAR SHRIVAS Date: 24/11/2018 11:14:21