Rahul Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 2108 MP

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                                                            MCRC-16664-2021



          THE HIGH COURT OF MADHYA PRADESH
                        MCRC-16664-2021
             (Rahul Patel vs The State of Madhya Pradesh)

Jabalpur, Dated 04-06-2021.

      Heard through Video Conferencing.

      Shri Mukesh Pandey, learned counsel for the petitioner.
      Shri Shailendra Mishra, Panel Lawyer for the respondent
/State.
                            ORDER

Crime No. Under section Police Station Arrest Date 61/21 195-A, 354, Kuthla, District 28.02.2021 354(ka),354(gh Katni (M.P.)

a), 506 of the I.P.C.

1. As declared by the petitioner, this is the first bail application under Section 439 of Cr.P.C..

2. The allegation against the petitioner is that he caught hold of the hands of the prosecutrix when she was passing through his house and also pressed her breast. It is alleged by the prosecutrix that earlier the petitioner had raped her. Sessions trial was pending against him and he was pressurizing her to compromise in that case. In furtherance of his intention, he stopped her in front of his house when she was going to her job and asked her to withdraw the case of rape pending against him and caused the alleged incident.

3. The learned counsel for the petitioner pointed out that in the earlier case of rape, the prosecutrix was examined before the trial Court on 09.01.2020 and her mother was also examined on 11.02.2020. As both the material witnesses, particularly the

MCRC-16664-2021

prosecutrix, have already been examined before the trial Court, the allegation made by the petitioner is false on the face of it. It is further submitted that the petitioner has been acquitted in the earlier case of rape vide judgment dated 09.03.2021. The present FIR has been lodged with intent to harass the petitioner and to keep him in jail. The petitioner is in jail since 28.02.2021. The investigation is over and the charge sheet has been filed. The trial is likely to take time. The petitioner is permanent resident of District Katni. There is no possibility of his absconding. He is ready to furnish adequate security and to abide all the conditions to be imposed by this Court. Therefore, he may be granted bail.

4. The State has opposed the bail; however, learned Panel Lawyer has not controverted the facts submitted by learned counsel for the petitioner.

5. Having regard to the nature and gravity of the allegations, the circumstances in which the offence is said to have been committed and the other facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. Therefore, without commenting on the merits of the case, the petition is allowed.

6. It is directed that petitioner Rahul Patel be released from custody on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

MCRC-16664-2021

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(Virender Singh) Digitally signed V. JUDGE biju by BIJU Date: 2021.06.08 17:29:19 +05'30'