Madhya Pradesh High Court
Jitendra Singh Narvariya @ Jeetu Lodhi vs The State Of Madhya Pradesh Thr on 26 September, 2017
MCRC-10651-2017 (JITENDRA SINGH NARVARIYA @ JEETU LODHI Vs THE STATE OF MADHYA PRADESH THR) 26-09-2017 Shri Awadhesh Singh Bhadoriya, counsel for the applicant. Shri RVS Ghuraiya, Public Prosecutor for the respondent/ State.
Case Diary is available.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 11/08/2017 in connection with Crime No.33/2017 registered at Police Station Hazira, District Gwalior for the offence punishable under Sections 376, 506 of IPC. It is submitted by the counsel for the applicant that in the FIR itself, the prosecutrix has mentioned that she had relations with the applicant for the last four years. The prosecutrix is admittedly a major lady and the allegation that the applicant was having relations with the prosecutrix as he had threatened her of causing bodily injury to the prosecutrix or to her family members, is false. During this period of last four years, the prosecutrix did not make any complaint to anybody. In fact, the prosecutrix is a consenting party. The applicant is in custody since 11/08/2017 and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Per contra, the application is opposed by the State Counsel.
Considering the facts and circumstances of the case and without commenting on the merits of the case, this Court is of the considered opinion, that it is a fit case for grant of bail. The applicant be released on bail on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of trial Court/ committal Court, to appear before the Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall be become ineffective. Certified Copy as per rules.
(G.S. AHLUWALIA) JUDGE MKB