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Madhya Pradesh High Court

Rintu Bhai Damor vs The State Of Madhya Pradesh on 8 May, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

         NEUTRAL CITATION NO. 2025:MPHC-IND:12263




                                                              1                        MCRC-20118-2025
                             IN      THE     HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                    ON THE 8 th OF MAY, 2025
                                           MISC. CRIMINAL CASE No. 20118 of 2025
                                                 RINTU BHAI DAMOR
                                                       Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                  Shri Nitin Vyas - advocate for the petitioner.

                                  Shri Tarun Pagare, learned Govt. Advocate for the State.

                                                                  ORDER

Heard and perused the record.

This is first bail application filed under Section 439 CrPC/ 483 of BNSS for grant of bail during trial relating to Crime No. 46/2024 dated (not mentioned), registered at Police Station-Azad, District- Alirajpur for the offence under Sections 376(2)(f), 376(K), 305 of IPC and 3/4, 5(j)(ii) of POCSO Act. The applicant is in custody since 24.08.2024.

2. Allegation against the applicant is that the applicant has committed rape with the prosecutrix due to that she became pregnant and committed suicide.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. The prosecutrix has consumed poison on 9.2.2024, the FIR was lodged against Signature Not Verified Signed by: VARSHA DUBEY Signing time: 5/9/2025 3:08:38 AM NEUTRAL CITATION NO. 2025:MPHC-IND:12263 2 MCRC-20118-2025 the unknown person on 19.2.2024, the prosecutrix died on 1.3.2024. On the basis of statement of her father, applicant has been made accused for the offenee punishable under Section 376 of IPC. It is alleged that the applicant is the son of his father's sister. She resided to the home of the applicant before five to six months and thereupon she has got pregnancy. Due to that basis, the FIR was lodged. The applicant is in custody since 24.08.2024 i.e. more than 09 months. Conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4. Learned counsel for the State has opposed the application and prayed for its rejection.

5. I have heard the learned counsel for the parties and perused the record.

6. Looking to the facts and circumstances of the case, the rival submissions of the counsel for the parties, so also the custody period of the applicant, without commenting on the merits of the case, this application is allowed.

7. It is directed that the applicant be released on bail on his/her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of the trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C./483 of BNSS.

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 5/9/2025 3:08:38 AM

NEUTRAL CITATION NO. 2025:MPHC-IND:12263 3 MCRC-20118-2025

8. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 5/9/2025 3:08:38 AM