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Madhya Pradesh High Court

Akhilesh vs The State Of Madhya Pradesh on 19 July, 2021

Author: Shailendra Shukla

Bench: Shailendra Shukla

HIGH COURT OF MADHYA PRADESH 1 MCRC No.26791/21 MCRC No.26791/2021 (Akhilesh Vs. State of M.P. & Anr.) Indore, Dated : 19.7.2021 Heard through video conferencing.

Shri Vivek Singh, learned counsel for the applicant.

Ms. Bharti Lakkad, learned GA for the non- applicant/State.

Shri Mahesh Tripathi, learned counsel for the prosecutrix.

Heard. Perused the case diary.

Submissions were made on first application filed under Section 439 of Cr.P.C. for grant of bail to applicant Akhilesh S/o Bhanwarlalji in respect of Crime No.142/2021 registered at Police Station - Neelganga, District Ujjain for allegedly committing the offence punishable under Section 376(2)(n), 376(c), 376(2)(k), 328, 506, 342, 144 of IPC. The applicant is in custody since 27.3.2021.

Learned counsel for the applicant submits that charge sheet has been filed under Section 376(2)(n), 376(c), 376(2)(k), 328, 506, 342, 144 of IPC. He has pointed out that the date of incident is 27.2.2021 and the FIR has been lodged on 24.3.2021 belatedly. He submits that now the prosecutrix has given an affidavit in support of the applicant, which is placed on record. The prosecutrix is being represented by the counsel. On these grounds bail has been sought.

The said affidavit was perused, in which prosecutrix has stated that her relatives had forced her to lodge report against the applicant, that she has got married with the Signature Not VerifiedDigitally signed by SAN applicant in a temple and an agreement on 1000 Rupees TRILOK SINGH SAVNER Date: 2021.07.19 17:48:58 IST HIGH COURT OF MADHYA PRADESH 2 MCRC No.26791/21 stamp paper has been executed and she has no objection in granting bail.

A separate application regarding No Objection is also filed. Prosecutrix is 22 years of age.

Learned counsel for the State was heard, who has opposed the bail application.

Considered.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant and the documents placed on record, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant- Akhilesh S/o Bhanwarlalji shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.26791/2021 is allowed and stands disposed of.

C.C. as per rules.

(Shailendra Shukla) Judge trilok/-



Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  TRILOK SINGH
                       SAVNER
                       Date: 2021.07.19
                       17:48:58 IST