Madhya Pradesh High Court
Akash Kol @ Akash Rawat vs The State Of Madhya Pradesh on 10 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-29238-2017
(AKASH KOL @ AKASH RAWAT Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 10-01-2018
Shri Manish Sharma with Shri Prashant Singh, counsel for
the petitioner.
Shri Vivek Mishra, Government Advocate for the
respondent/State.
sh Heard on this first application for bail under Section 439 of e the Code of Criminal Procedure filed on behalf of the ad petitioner Akash Kol @ Akash Rawat in crime Pr no.1202/2017 registered by P.S. Kolgawan, District-Satna under Section 376 of the IPC.
a hy As per the prosecution case, the prosecutrix is a 19 years old unmarried woman. About 3 years before the date of the ad incident, she came in contact with the petitioner and M developed some sort of relationship with him. About 3 months before lodging of the first information report, the petitioner of had called her to his house at Sagamniha and had raped her rt on the false promise of marriage. He threatened that if she ou disclosed the matter to anyone, he would kill her. Thereafter, the petitioner refused to marry the prosecutrix and his C marriage was fixed elsewhere. After that, the first h information report was lodged. ig Learned counsel for the petitioner submits that the first H information report has been lodged after a delay of more than 3 months. The medical report does not support the case of the prosecution. The prosecutrix has not leveled any allegations against the petitioner in her statement under Section 164 of the Code of Criminal Procedure. In fact, she does not want any action against the petitioner. The petitioner has been in custody since 28.11.2017; therefore, it has been prayed that the petitioner be released on bail. Learned Government Advocate for the respondent/State on the other hand has opposed the application. However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the petitioner, in the opinion of this Court, petitioner deserves to be released on bail. Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Akash Kol @ Akash Rawat, is allowed. It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with sh one solvent surety in the same amount to the satisfaction of e the trial Court for his appearance before that Court on all ad dates fixed in the case and for complying with the conditions Pr enumerated under Section 437 (3) of the Code of Criminal Procedure.
a Certified copy as per rules.
hy ad (C V SIRPURKAR) M JUDGE of rt ou vai C Digitally signed by VAISHALI h AGRAWAL Date: 2018.01.10 20:46:27 -08'00' ig H