Madhya Pradesh High Court
Mukesh @ Raut @ Halvi vs The State Of Madhya Pradesh on 6 July, 2015
MCRC-9686-2015
(MUKESH @ RAUT @ HALVI Vs THE STATE OF MADHYA PRADESH)
06-07-2015
Shri Kamal Singh Sablya, learned counsel for the applicant/accused.
Shri P.K. Pandey, learned PP for the respondent/State.
Case diary is available. After investigation, charge sheet was filed on 12-05-2015. This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 259/2015 registered at Police Station City Kotwali Khandwa Distt. Khandwa for the offences punishable under Sections 376(J)(L) 323, 452 and 506 of IPC.
Learned counsel for the applicant/accused submits that the applicant-accused has been falsely implicated in this case as he had not committed any offence as alleged by the prosecution. The learned counsel further pleads that as per the prosecution story, the age of the prosecutrix was 18 years, when the alleged incident took place with her. As per her statement, it appears that she was a consenting party of this incident. Suddenly, her mother came back to the house and she saw the prosecutrix and the applicant-accused in compromising position, owing to which, the report was got falsely lodged by the prosecutrix's mother against the applicant-accused. On the aforesaid grounds, learned counsel has prayed for grant of bail.
Learned PP opposing the submissions made on behalf of the applicant/accused has prayed for rejection of bail application.
Heard the arguments of both the parties.
On perusal of the statement of the prosecutrix, her age was 18 years when the alleged incident took place with her. As per her statement, when she was alone in her house, the applicant-accused came there and had sex with her. Suddenly, her mother came there and saw both of them in compromising position. Considering the facts and circumstances of the case and the submissions made on behalf of the applicant-accused, this Court deems it a fit case to grant bail to the applicant, therefore, allowing the application, it is ordered that the applicant/accused be released on bail on his furnishing a bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety bond for the like amount to the satisfaction of the trial Court for his appearance before the trial /committal Court on the dates given by the concerned Court. Certified copy as per rules.
(M.K. MUDGAL) JUDGE