Madhya Pradesh High Court
Gomti Prasad Bansal vs The State Of Madhya Pradesh on 18 November, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
1 MCRC-42647-2020
The High Court Of Madhya Pradesh
MCRC-42647-2020
(GOMTI PRASAD BANSAL AND OTHERS Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 18-11-2020 Heard through Video Conferencing.
Shri Vijay Shukla, learned counsel for the applicants. Shri Piyush Bhatnagar, learned P.L. for the State. With the consent, finally heard.
This application has been filed by the applicants under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.163/2020 for the offence punishable under Section 376 D of IPC registered at Police Station Bijuri, District Anooppur.
Learned counsel for the applicants submits that the applicants have been falsely implicated vide FIR No.163 loged on 16.06.2020 for an alleged offence of 15.06.2020. By taking this Court to the contents of this FIR, Shri Vijay Shukla submits that the rape has been committed as per the prosecution story only by Pooran Bansal. The applicant No.1 was just present there and following the victim when others were taking her. The applicant No.1 has not played any role at all. As per the FIR itself, the applicant No.2 has also not committed any rape. By taking this Court to FIR No.162 lodged on 15.06.2020 (Annexure-A/2), FIR No.127 lodged on 07.05.2020, FIR No.206 lodged on 03.07.2018 and lastly the FIR dated 12.08.2020, Shri Vijay Shukla submits that the prosecutrix is a habitual complainant. She lodges complaints against various persons of same nature so that she can get money as a victim from the Government. It is unbelievable that the incident of rape etc. is being committed against the same person in quick succession by different accused persons. The applicants will not influence the evidence and material. The applicants have no criminal history. Challan has already been filed. Conclusion of trial in this pandemic Covid 19 era will take time. Hence, applicants may be released on bail.
Signature Not Verified SANPrayer is opposed by Shri Bhatnagar, learned P.L. for the State.
Digitally signed by SHIBA NARAYAN BISWAL Date: 2020.11.18 16:55:34 IST2 MCRC-42647-2020 However, he did not dispute that the applicants have no criminal record and challan has been filed.
Considering the nature of accusation coupled with the fact that the custodial interrogation is not required because challan has already been filed and the applicants have no criminal record, without expressing any view on the merits of the case, I deem it proper to enlarge the applicants on bail.
Accordingly, it is directed that the applicants Gomti Prasad Bansal and Rambhajan Bansal be released on bail on their furnishing a personal bond for the sum of Rs.50,000/- (Rs. Fifty Thousand) each with a solvent surety each in the like amount to the satisfaction of the trial Court for securing their presence before the said Court regularly on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
M.Cr.C. is allowed.
C.C. as per rules.
(SUJOY PAUL) JUDGE Biswal Signature Not Verified SAN Digitally signed by SHIBA NARAYAN BISWAL Date: 2020.11.18 16:55:34 IST