Shailesh Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 1769 MP

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                                                       The High Court Of Madhya Pradesh
                                                                MCRC No. 6438 of 2022
                                                              (SHAILESH JAIN Vs THE STATE OF MADHYA PRADESH)

                                            Indore, Dated : 08-02-2022
                                                   Heard through Video Conferencing.

                                                   Shri Syed Asif Ali Warsi, learned counsel for the applicant.
                                                   Shri Pawan Joshi, Panel Lawyer for respondent / State.
                                                   Heard. Perused the case diary.
                                                                              ORDER

This is the first bail application filed under Section 439 of Cr.P.C. The

applicant is being implicated in crime No.20/2022, registered at police station Mahila Thana, Indore, District Indore for the offence punishable under Section 376(2)(n) and 376(2)(k) of IPC.

The prosecution story in brief is that applicant on the false pretext of marriage committed sexual intercourse with the prosecutrix repeatedly and committed rape upon her.

Learned counsel for the applicant submits that prosecutrix is a major married lady. Applicant and prosecutrix were known to each other and were having relations. Prosecutrix is in habit of making such types of complaints.

She on earlier occasion made a complaint against Lokendra @ Pintu and Deepak. On her complaint S.T.No.36/2019, before the Court of 2nd Additional Sessions Judge, Shujalpur District Shajapur was conducted and both the accused persons were acquitted from the charges. Learned counsel for the applicant submits that pen drive along with transcript of conversation, copy of statement of the prosecutrix recorded before the trial Court in S.T.No.36/2019 and the copy of the judgment passed in the aforesaid case. Learned counsel for the applicant further submits that the applicant is in custody since 25.1.2022. His custodial interrogation is not required in the matter. The trial will take time for conclusion therefore, applicant be enlarged on bail.

Signature Not VerifiedDigitally signed by SAN SHAILESH Learned Panel Lawyer for respondent / State has opposed the MAHADEV SUKHDEVE Date: 2022.02.09 09:56:35 IST

application and prays for rejection.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, the age of the prosecutrix, documents produced on record specially the copy of transcript of conversation and also considering the other facts and circumstances of the case, without commenting anything on merits of the case, in view of this Court, applicant

deserves to be enlarged on bail on the ground of parity.

It is directed that applicant (Shailesh Jain) be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions / guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

Accordingly, M.Cr.C.No.6438/2022 stands allowed and disposed of. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2022.02.09
                       09:56:35 IST