Madhya Pradesh High Court
Tajmuddin vs The State Of Madhya Pradesh on 27 March, 2017
M.Cr.C. No. 2032/17 27.03.2017
Shri Zishan Ali, learned counsel for the applicant. Ms. Mamta Shandilya, learned counsel for the State. Present bail petition has been filed under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.09/2017 registered at Police Station- Dahi, Distt.- Dhar for the offence punishable under Sections 376, 450 & 506 of IPC. He is in custody since 15.01.2017.
As per the prosecution case, the applicant in the Month of December, 2015 has committed the alleged offence and the FIR has been lodged by the prosecutrix on 14/01/17.
It has been argued by the learned counsel for the applicant that as per the medical report, there is no proof of rape and in those circumstances, this belated report has been lodged implicating the applicant falsely. He is entitled for grant of bail.
On the other hand, learned government advocate has opposed the prayer for grant of bail. Her contention is that prosecutrix has categorically stated that she was subjected to rape and applicant used to threaten her and therefore, the report was not lodged in time.
This Court, after hearing learned counsel for the parties and after going through the record, is of the opinion that the application deserves to be allowed and is, accordingly, allowed.
It is directed that the applicant shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the concerned trial court for his appearance before the trial Court on all the dates of hearing as may be fixed in this behalf by the concerned trial court.
C.C. as per rules.
(S.C.SHARMA) JUDGE sk