Madhya Pradesh High Court
Monu Alias Deepak Sharma vs The State Of Madhya Pradesh on 9 May, 2017
MCRC-7292-2017
(MONU ALIAS DEEPAK SHARMA Vs THE STATE OF MADHYA PRADESH)
09-05-2017
Shri Arvind Tomar, learned counsel for the applicant.
Shri A.N. Gupta, learned Panel Lawyer for respondent-State.
Heard.
This is second bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. Earlier bail application being M.Cr.C.No.411/2017 has been dismissed as withdrawn vide order dated 24.01.2017, with liberty to file fresh application after recording of statement of the prosecutrix.
The applicant is in custody since 10.12.2016 in connection with Crime No.623/2016 registered at Police Station Ranjhi, District Jabalpur (M.P.) for the offence punishable under Sections 376(D) & 506 of IPC.
It is alleged that on 12.11.2016, Nandita Thakur, who is friend of prosecutrix took her to the house of the applicant, namely, Ankush, where another co-accused Monu @ Deepak Sharma was already present and then Monu @ Deepak Sharma had committed sexual intercourse forcibly. Applicant threatened her not to disclose the matter to anyone. Thereafter, on the report of prosecutrix, case was registered at the concerned police station against the applicant for aforesaid offences.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Prosecutrix has been examined as PW/1 before the trial Court and she has not stated anything against the applicant, but against the story of the prosecution, she has stated that nothing has been done by the applicant with her and she has not been subjected to rape by the applicant. Other two witnesses, mother of prosecutrix, Premwati Kushwaha and one Seema Kushwaha, examined as PW/2 and PW/3 respectively by the trial Court, have also not supported the prosecution case. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties and looking to the facts and circumstances of the case, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Monu alias Deepak Sharma be released on bail on his furnishing bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE m/-