Gopal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 950 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.14512/2021 (GOPAL SINGH VS. STATE OF M.P.)

Gwalior dtd. 22/03/2021 Shri Sushil Goswami, learned counsel for the applicant.

Shri R.K.Awasthi, learned Public Prosecutor for the State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 26/02/2021 in connection

with Crime No.55/2021, registered at Police Station Tyonda,

District Vidisha for offence under Sections 376 and 506 of IPC.

It is submitted by the counsel for the applicant that the

applicant is aged about 65 year (although in the arrest memo his age

has been shown as 60 years). According to the prosecution case the

applicant has committed rape on prosecutrix who is the wife of his

younger brother. The prosecutrix is aged about 50 years. It is

alleged that a property dispute was going on between the applicant

and his brother Somat Singh, which was decreed in his favor by

judgment and decree dated 14/11/2019 passed by Civil Court of

competent jurisdiction, Ganj Vasoda District Vidisha. The applicant

was declared to be the owner of half of Khasra No.13/01 area 3.127

hectares. Since the land belonging to the applicant was sold by

Somat to Vijay Singh therefore, the purchaser of land raised a

dispute. Later on the name of the applicant was also recorded in the

revenue records. It is submitted that the applicant has been falsely

implicate only because of the property dispute. 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 counsel for the

State.

Heard the learned counsel for the parties.

Considering the age of the applicant as well as the defense of

the applicant that he has been falsely implicated because of family

dispute with his brother and without commenting on the merits of

the case, the application is allowed. It is directed that the applicant

be released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

Certified copy as per rule.

                                                            (G.S.Ahluwalia)
Pj'S/-                                                          Judge

         PRINCEE
         BARAIYA
         2021.03.23
         11:22:42 -07'00'