Phoolsingh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8897 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                    BEFORE
                       HON'BLE SMT. JUSTICE SUNITA YADAV
                              ON THE 4th OF JULY, 2022

                  MISC. CRIMINAL CASE No. 31854 of 2022

           Between:-
           PHOOLSINGH BAGHEL S/O SALIKRAM BAGHEL
           , AGED ABOUT 22 YEARS, VILL. SEMRI P.S.
           GIJORRA (MADHYA PRADESH)

                                                                   .....PETITIONER
           (SHRI HEMANT SINGH RANA, LEARNED COUNSEL FOR THE
           PETITIONER .

           AND

           THE STATE OF MADHYA PRADESH INCHARGE
           POLICE STATION PS GIJORRA (MADHYA
           PRADESH)

                                                                 .....RESPONDENTS

           (SHRI RAMADHAR CHOWBEY, PUBLIC PROSECUTOR FOR THE
           RESPONDENT/STATE.)
           (SHRI RAVI SHANKAR BANSAL, LEARNED COUNSEL FOR THE
           RESPONDENT [COMP].

         This application coming on for hearing this day, the court passed the
following:
                                       ORDER

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Gijorra, District Gwalior in connection with crime No. 48/2022 registered for the offence punishable under Section 376, 376 (2) (n), 450, 323, 506 of IPC.

As per prosecution story, short facts of the case are that the applicant / accused and the prosecutrix are living in the same village and they are having

physical relationship as well as friendship for around six months back from the date of incident which is 22/04/2022. The applicant /accused on false promise of court marriage established physical relationship with the prosecutrix and thereafter refused to perform marriage with the prosecutrix. On 22/04/2022, the applicant committed rape upon the prosecutrix. Thereafter, on 23/04/2022, the prosecutrix told her husband about the incident and on 24/04/2022, the present FIR has been lodged against the applicant.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that prosecutrix is a married

major woman having two children and the alleged relationship are consensual between the parties. He further argued that investigation stands completed by filing of the charge sheet and further custodial interrogation may not be required. In support of his contentions, he has placed reliance upon the judgment delivered by Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar vs. State of Maharashtra and Ors. reported in 2019 AIR 327. The applicant is permanent resident of District Gwalior. The applicant is in custody since 25/04/2022 and conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel argued that in view of gravity of offence, the applicant should not be released on bail and prayed for rejection of the bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without

expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal 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/her;

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

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

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar

SANJAY Digitally signed by SANJAY NAMDEORAO DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

NAMDEOR BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc277608ce

AO 55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5A13C A996C4169AB06, serialNumber=1190D1488DBA862FB108ED66262 DC2DC2CB9D310D73128B3A6E7B046FCF28227,

DURGEKAR cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.07.04 17:53:35 -07'00'