Madhya Pradesh High Court
Santosh Kumar Sahu vs The State Of Madhya Pradesh on 2 December, 2016
M.Cr.C.No.20788/2016
02.12.2016
Shri Sanjay Patel, learned counsel for the applicant.
Shri Puneet Shroti, learned Panel Lawyer for the
respondent-State.
Shri Sanjay Sharma, learned counsel for the objector. Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 16.11.2016, in connection with Crime No.451/2016 registered at Police Station registered at Police Station Police Check Post Mahendwani, Dindori, District Dindori (M.P.) for the offences punishable under Sections 376, 376(2)(dha), 506 & 292 of Indian Penal Code and Sections 67 & 67-A of the I.T.Act.
It is alleged that applicant had been committing forcible sexual intercourse with the prosecutrix since last 5-6 years with promise to marry her. It is further alleged that during physical relations, the applicant has prepared vulgar video of prosecutrix, which became viral in the society, resulting into notoriety of the prosecutrix in the locality.
Learned counsel for the applicant contends that the prosecutrix is about 25 years of age. The applicant is innocent and when the applicant has refused to marry her, he has been falsely implicated in this 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 for the respondent- State and learned counsel for the objector oppose the bail application.
After hearing arguments of the parties, looking to the age of the prosecutrix and the facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, application of the present applicant namely, Santosh Kumar Sahu under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty 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 applicant shall comply the provisions of Section 437(3) of Cr.P.C.
Certified copy as per rules.
(H.P. Singh) JUDGE A.Praj.