Madhya Pradesh High Court
Deepak @ Pawan Parihar vs The State Of Madhya Pradesh on 29 June, 2020
Author: Jagdish Prasad Gupta
Bench: Jagdish Prasad Gupta
1 MCRC-19472-2020
The High Court Of Madhya Pradesh
MCRC-19472-2020
(DEEPAK @ PAWAN PARIHAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 29-06-2020
Shri R.K. Bisen, Advocate for the applicant.
Shri Pradeep Gupta, P. L. for the respondent / State.
Matter is heard through video conferencing .
This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 29.05.2020 by Police Station Barghat, District Seoni (MP) in connection with Crime No.149/2020 registered for the offence punishable under Sections 376, 376 (2)(N) of the IPC.
Allegation against the applicant is that he committed sexual intercourse for two years with the prosecutrix on the pretext to marry with her.
It is submitted that the applicant is innocent. He is in jail since 29.05.2020. There is no likelihood of his absconding. Trial will take considerable time. It is further submitted that the prosecutrix is 22 years old matured and educated lady and studying in M.Sc Final. It is a case of consensual sexual relationship. The applicant cannot be held guilty of offence of rape. Hence, he be released on bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Considering the facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed. It is ordered that that applicant/accused Deepak @ Pawan Parihar be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Digitally signed by PANKAJ NAGLE Date: 29/06/2020 15:12:12 2 MCRC-19472-2020 Section 437 of Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE pn Digitally signed by PANKAJ NAGLE Date: 29/06/2020 15:12:12