Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 201 MP

                                                                       1                            MCRC-60818-2021
                                            The High Court Of Madhya Pradesh
                                                    MCRC No. 60818 of 2021
                                                          (DEEPAK Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 05-01-2022
                                          Shri Sanjay Gupta, learned counsel for the applicant.

                                          Shri Amit Bhurrak, learned panel lawyer for the respondent/State.

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

T h e applicant has been arrested on 15.10.2021 by Police Station Moghat Road, District Khandwa in connection with Crime No.427/2021 for

the offence punishable under Sections 376(2)(n), 450 & 506 of the Indian Penal Code.

It is submitted that the applicant has falsely been implicated in the crime and he has not committed any offence in any manner. It is further pointed out that victim is aged about 38 years and was amicable terms with the present applicant. In the MLC she has categorically stated that for the first time, the physical relations were made in the month of May - June, 2021 and thereafter again forceful intercourse was done on 02/10/2021 and 03/10/2021, but there is no complaint has been made by the victim in the month of May - June,

2021, therefore, she was a consenting party to the incident. The charge-sheet has already been filed in the matter. There is no explanation for the delay in lodging the FIR. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

P er contra, learned counsel appearing for the State has vehemently opposed the prayer stating that there is specific allegation against the present applicant in the statements recorded under Section 161 & 164 of Cr.P.C., but he could not dispute the fact that in the MLC, the victim has categorically stated making of physical relations in the month of May - June, 2021. The applicant is having one more criminal case for the offence under Section 354- Signature Not Verified SAN K, 376(2) (n) and 506 of IPC in the year 2017. He has prayed for dismissal of

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.06 10:03:48 IST 2 MCRC-60818-2021 the application.

It is stated that the applicant has already been acquitted in the aforesaid offence by judgment of acquittal dated 28.1.2020 passed by Sessions Court, Khandwa in S.T. No.84/2017.

Considering the over all facts and circumstances of the case and without commenting upon the merits of the case, this application is allowed.

The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.06 10:03:48 IST 3 MCRC-60818-2021 the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.06 10:03:48 IST