Madhya Pradesh High Court
Rajesh Raut (Mahar) vs The State Of Madhya Pradesh on 25 February, 2016
MCRC-22850-2015
(RAJESH RAUT (MAHAR) Vs THE STATE OF MADHYA PRADESH)
25-02-2016
Shri Arvind Sharma, learned counsel for the applicant.
Shri Y. D. Yadav, learned Panel Lawyer for the
respondent/State.
Heard arguments.
Perused case diary and material on record. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.312/2015, registered at Police Station Gandhi Nagar, Bhopal against him and co- accused Santosh for the offences punishable under Sections 450, 376-D, 506 and 34 of the IPC. As per the prosecution, on 23.10.2015 a 22 years old prosecutrix lodged an oral FIR alleging therein that in the night of 20.10.2015 at about 11:00 p.m. she was sleeping in her jhuggi. Her husband was also sleeping near her. At that time, the applicant entered her jhuggi and made an attempt to have sexual intercourse with her. Upon hearing the screams, her husband woke up. Thereafter, the applicant and the co-accused gave life threats to them in case the matter is reported to the police.
Learned counsel for the applicant submits that the applicant has been in custody since 25.10.2015 and that the charge sheet had been filed. He further submits that the court below has already granted regular bail to the co-accused. After referring to the prosecutrix statement recorded under Section 164 of the Cr.P.C., he submits that the prosecutrix has stated that the applicant had committed forcible sexual intercourse with her, that while running from her jhuggi he took with him two cellular phones and Rs.50,000/- in cash and that the co- accused had left one of his slippers in her house. He further submits that if the contents of the FIR and the statement of the prosecutrix recorded under Section 164 of the Cr.P.C. are read together, then it is evident that the prosecutrix has improved her version in the statement. He further submits that the examining doctor has not given any definite opinion with regard to the commission of sexual intercourse upon her. He further submits that the applicant is a permanent resident of Bhopal city and that he does not have any criminal antecedents. Upon these submissions, he prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the prayer. On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their respective counsel, the statement of the prosecutrix recorded under Section 164 of the Cr.P.C. and perusal of her MLC report, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail to the applicant. Hence, the application is allowed. It is ordered that applicant Rajesh Raut (Mahar) be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousands Only) with one solvent surety of the same amount to the satisfaction of the court concerned for securing his presence before it on all such dates as may be fixed by it in this regard. He shall abide by the conditions enumerated in Section 437(3) of the Code. In case of bail jump, the court concerned will have power to cancel the applicant's bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE