Madhya Pradesh High Court
Ramnaresh Singh vs The State Of Madhya Pradesh on 17 July, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 17 th OF JULY, 2023
MISC. CRIMINAL CASE No. 29031 of 2023
BETWEEN:-
RAMNARESH SINGH, S/O SHRI BALKARAN SINGH
GOND, AGED ABOUT 37 YEARS, OCCUPATION:
AGRICULTURE, R/O: VILLAGE ADHIYARKHOOH
(BHURSI), POLICE STATION GOHPARU, DISTRICT
SHAHDOL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANJEEV KUMAR SINGH - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION GOHPARU DISTRICT SHAHDOL (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI N.S. SOLANKI - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of regular bail relating to F.I.R. No.296/2023, dated 10.05.2023, registered at Police Station Gohparu, District - Shahdol (M.P. ) for the offence under Sections 376 and 450 of IPC. He is in detention since 18.05.2023.
2. As per the prosecution story, on 10.05.2023, 35 year old prosecutrix moved an application in writing alleging that on 22.04.2023, at around 8:00 P.M. her husband had gone to other village. When she went inside her old house to Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 7/18/2023 11:17:29 AM 2 bring the meal, Ramnaresh of the village trespassed into the house and committed rape upon her. When her husband returned, he fled away from the spot. As she was scared, she did not disclosed incident to the husband. FIR was registered. After investigation, charge sheet has been filed.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. FIR has been lodged after delay of almost 20 days. Allegations are false and manufactured. It is further submitted that in medical examination applicant/accused has been found suffering from erectile dysfunction. Therefore, it is prayed that applicant may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
6. It is directed that applicant- Ramnaresh Singh be released on bail on 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 trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 7/18/2023 11:17:29 AM 3 o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Jasleen Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 7/18/2023 11:17:29 AM