Madhya Pradesh High Court
Sikander Kumar @ Shiv Maravi vs The State Of Madhya Pradesh on 12 October, 2018
1 MCRC-41097-2018
The High Court Of Madhya Pradesh
MCRC-41097-2018
(SIKANDER KUMAR @ SHIV MARAVI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 12-10-2018
Shri Durgesh Singrore, learned counsel for the applicant.
Shri Amit Pandey, learned G.A. for respondent-State.
Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 24.09.2018 in connection with Crime No.153/2018 registered at Police Station Mohgaon, District Mandla (MP), for the offence punishable under Sections 376 and 376(2(N) of the IPC.
As per the prosecution case, on 23.09.2018 the prosecutrix lodged a report at Police Station Mohgaon against the applicant. As per the prosecution, applicant and the prosecutrix having close relation and they were friend of each other and also they fell in love affairs. It is alleged that on 21.10.2016, on the basis of false promise of marriage, the applicant committed rape upon her continuously for two years. Thereafter, in the year of 2018 the applicant has married with another girl and he refused to marry her.
Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. As per the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., the applicant and the prosecutrix were fell in love affairs. The Learned counsel for the applicant further submits that it is not a case of commission of rape as the prosecutrix is consenting party. There is no criminal antecedent against the applicant. He further submits that trial will take long time to conclude. The applicant is ready to furnish bail bond as per the order, abiding with all conditions imposed by the Court. On these grounds, he prays for grant of bail to the applicant.
Per-contra, learned Government Advocate for respondent-State 2 MCRC-41097-2018 opposes the bail application.
After hearing arguments of both the parties, looking to the whole facts and circumstances of the case and the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., I am of the view that it would be appropriate to release the applicant on bail. Therefore, without commenting on merits of the case, the application of the present applicant, namely, Sikandar Kumar @ Shiv Maravi under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety of the same amount to the satisfaction of the JMFC concerned or the trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE sp Digitally signed by SAVITRI PATEL Date: 2018.10.13 11:51:34 +05'30'