Raghvendera vs The State Of Madhya Pradesh
2022 Latest Caselaw 1316 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 1562/2022
            (RAGHVENDERA Vs STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 28/01/2022

      Shri Sanjeev Agrawal, Counsel for applicant.

      Shri Avdhesh Parashar, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 10.12.2021 in connection

with Crime No.696/2021 registered by Police Station Karera, District

Shivpuri for offence punishable under Sections 376, 323, 506 of IPC.

      It is submitted by Counsel for the applicant that the prosecutrix

is a major woman aged about 30 years. She eloped with the applicant

on 10.04.2020 and went to Jaipur and stayed there for one and a half

year and came back on 22.11.2021. No complaint was made by the

prosecutrix to anyone in Jaipur. She was a consenting party. The

applicant is in jail for more than one and a half months. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State.

Heard the learned Counsel for the parties.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1562/2022 (RAGHVENDERA Vs STATE OF MADHYA PRADESH)

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.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.01.28 16:45:11 +05'30'