Madhya Pradesh High Court
Vimal vs The State Of Madhya Pradesh on 9 November, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.50004/2021
(Vimal Vs. State of M.P.)
-1-
Indore, dated 09/11/2021
Shri Dharmendra Singh Patel, learned counsel for the
petitioner.
Ms. Seema Maheshwari, learned Panel Lawyer for the
respondent / State.
Shri Ankit Parashar, learned counsel for the respondent/objector.
This is first application under Section 439 of Cr.P.C. filed on
behalf of the applicant for grant of bail. The applicant is implicated
in connection with Crime No.216/2021 registered at Police Station-
A. Badoia, District- Shajapur (MP) for offence punishable under
Sections 376 and 506 of IPC. The applicant is in custody since
14.09.2021.
02. As per prosecution story, on 09.09.2021, the prosecutrix
lodged an F.I.R. at police station- A. Badodiya, Distt.-Shajapur to
the effect that about 8 months ago at around 4-5 p.m., she was
alone in her home and her husband went to the field. At that time,
the applicant -Vimal came there and committed rape upon her and
threatened her that if she informs the incident to anyone, he will
kill her. Due to fear, she did not inform anyone about the incidence.
But, two days before lodging of F.I.R., the applicant threatened her
that he will make viral of their video, then the prosecutrix narrated
whole incident to her husband and accordingly, offence was
registered against the present applicant.
03. Learned counsel for the applicant submits that applicant is an
innocent person and he has been falsely implicated in this case due
to previous enmity. Earlier also, the prosecutrix has blackmailed
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.50004/2021
(Vimal Vs. State of M.P.)
2-3 persons of the same village. On 08.09.2020, the prosecutrix
made demand of Rs.5 Lacs in cash and 2 ½ Tola Gold and she
threatened the applicant that if she does not get money from him,
she will lodge report of committing rape against the applicant. The
applicant is permanent resident of district-Shajapur. He is in
custody since 14.09.2021 and investigation is over and charge-
sheet has been filed and final conclusion of trial will take a long
sufficient time, under the above circumstances, prayer for grant of
bail may be considered on such terms and conditions, as this Court
deems fit and proper.
04. On the other hand, learned Panel Lawyer opposes the prayer
for grant of bail and prays for its rejection by submitting that there
is one more criminal antecedent of similar nature against the
applicant.
05. In turn, learned counsel for the applicant submits that present
applicant has already been acquitted in earlier case by the II-
Additional Sessions Judge, Shujalpur vide judgment dated
04.06.2018 passed in S.T. No.284/2015
06. Learned counsel for the objector also opposes the bail
application and prays for its rejection.
07. Heard learned counsel for the parties and perused the case-
diary as well as the order of the court below.
08. After considering the facts and circumstances of the case and
nature and gravity of the allegation and also taking note of the fact
that the prosecutrix is a major and mature lady and the F.I.R. is
delayed by 8 months and in earlier case, the applicant has been
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.50004/2021
(Vimal Vs. State of M.P.)
acquitted and the applicant is in custody since 14.09.2021 and the
investigation is over and charge-sheet has been filed and no
custodial interrogation of the applicant is required and final
conclusion of trial will take a long sufficient time, I deem it proper
to release the applicant on bail.
08. Accordingly, without commenting on the merits of the case,
the application filed by the applicant is allowed. The applicant is
directed to be released on bail upon furnishing a personal bond in
the sum of Rs.75,000/- (Rupees Seventy Five Thousand) with one
solvent surety of the like amount to the satisfaction of the trial
Court for his regular appearance before the trial Court during trial
with a condition that he shall remain present before the court
concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
09. Before releasing the applicant from custody, the jail
authorities are directed to medically examine him in order to rule
out the possibility of COVID-19 infections and shall comply with
the direction given by the Hon'ble Apex Court in Writ Petition
No.1/2020.
Certified copy as per rules.
(Anil Verma)
Judge
N.R.
Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2021.11.10 11:05:59
+05'30'
