Madhya Pradesh High Court
Bharat vs The State Of Madhya Pradesh on 17 May, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 MCRC-4485-2021 The High Court Of Madhya Pradesh MCRC-4485-2021 (BHARAT Vs THE STATE OF MADHYA PRADESH) 4 Indore, Dated : 17-05-2021 Heard through Video Conferencing.
Shri Yashpal Rathore, learned counsel for the applicant. Shri Sameer Verma, Panel Lawyer for Non-applicant/State. Submissions were made on bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.6/2021, registered at police station Kalidevi, district Jhabua, for the offence punishable under Sections 366, 376(2)(n) and 506 of IPC.
As per prosecution story, the prosecutrix who was a married lady had gone to the forest for grazing cows on 13.1.2021. The applicant arrived on motorcycle and forcibly asked her to sit on the motorcycle, took her to the agriculture field and kept her in a hut as wife and established sexual relations with her. The prosecutrix, however escaped one day and report was lodged.
Learned counsel for the applicant submits that there was no missing report filed in this matter by the husband of the prosecutrix, that charge sheet has been filed, that there was already a dissolution of the marriage of the prosecutrix with her first husband and as per the customs, the amount of 'Jhagda' has not been paid and therefore, the report has been lodged. The Court's attention was invited to an affidavit filed by the prosecutrix in which it has been mentioned that her husband used to ill-treat her and had turned her out and she met the present applicant and both decided to stay together and marry each other. Learned counsel submits that fact that the missing person's report was not lodged by the husband of the prosecutrix is also a fact which supports the submission made in the affidavit by the prosecutrix. On these grounds bail has been sought.
Learned Panel Lawyer for the State was heard who submits that in her Signature Not VerifiedDigitally signed by SAN SHAILESH 161 and 164 Cr.P.C statements, the prosecutrix levelled the allegation of rape MAHADEV SUKHDEVE Date: 2021.05.18 11:34:42 IST 2 MCRC-4485-2021 upon her by the applicant and has opposed the bail application.
Considered.
After due consideration and in view of the submissions mainly those made by learned counsel for the applicant, without expressing any opinion on merits of the case, the bail application filed on behalf of the applicant is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one local solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
A copy of this order be sent to the concerned trial Court for its compliance.
C.c. as per rules.
(SHAILENDRA SHUKLA) V. JUDGE SS/-
Signature Not Verified VerifiedDigitally Digitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.05.18 11:34:42 IST