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Madhya Pradesh High Court

Ajay Narnore vs The State Of Madhya Pradesh on 2 March, 2021

Author: Mohammed Fahim Anwar

Bench: Mohammed Fahim Anwar

                                                                      1                            MCRC-6298-2021
                                      The High Court Of Madhya Pradesh
                                                MCRC-6298-2021
                                                (AJAY NARNORE Vs THE STATE OF MADHYA PRADESH)


                         Jabalpur, Dated : 02-03-2021
                                Shri Sanjay Sharma, counsel for applicant.

                                Shri Pankaj Raj, Panel Lawyer for the respondent/State.

Case diary is available.

Heard.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested in connection with Crime No.437/2020 registered at Police Station Lanji, District Balaghat, for the offences punishable under Sections 376, 376(2)(n), 506 of IPC.

Allegation of the prosecution is that prosecutrix, aged about 20 years, 3 months, was in love relation with the applicant since May 2020 and the applicant used to visit her house. It is alleged that applicant has called her in the field, which belongs to him and committed sexual intercourse with her on the pretext of marriage and repeated the said act several times. It is also alleged that when prosecutrix became pregnant, then applicant has refused to marry her. She narrated the incident to her mother and lodged the report. On that basis, aforesaid crime against the applicant has been registered.

Learned counsel for the applicant has submitted that the applicant is an innocent person and has falsely been implicated in the present offence. The applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in judicial custody since 8.12.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Learned counsel for the respondent/State has opposed the bail application. On the date of incident, prosecutrix was major.

Looking to the allegations against the applicant, the duration of judicial custody of applicant since 8.12.2020, the arguments advanced on behalf of the applicant and the exigency of Covid-19, I am of the considered view that it is a fit case to release the Signature Not Verified SAN applicant on bail.

2 MCRC-6298-2021 Accordingly, this application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the committal/trial Court, to appear before the court 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government of India with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.

(MOHD. FAHIM ANWAR) JUDGE M. Signature Not Verified SAN Digitally signed by SANTOSH P MATHEWS Date: 2021.03.02 17:42:29 IST