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Judgment
Heard learned counsel for the parties on IA No. 810/2020, an application for dispensing with from filing the typed copy of the documents.
On due consideration, IA No. 810/2020 is allowed and the applicant is dispensed with from filing the typed copy of the documents.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 598/2019, registered at Police Station-Nagda, District-Ujjain for commission of the offence under Sections 376(2)(n), 314 and 294 of the IPC.
As per prosecution story, it is alleged that on the pretext of marriage, applicant made physical relationship with the prosecutrix and later on he refused to marry with her.
Learned counsel for the applicant submitted that the applicant is innocent and he has not committed any offence. It is also submitted that at present the applicant is working as Doctor at Bundelkhand Medical College, Sagar; whereas the prosecutrix is a major lady aged about 22 years and she is posted as constable in the Police Department. It is further submitted that the marriage between the applicant and the prosecutrix was solemnized on 26/12/2017 at Chintaman Ganesh Temple, Ujjain and their marriage was also got registered before the Gram Panchayat, Chintaman Janpad Panchayat, Ujjain on 16/05/2018 and in this regard marriage certificate was also issued, which clearly indicates that the prosecutrix is a legally wedded wife of the applicant, therefore, the allegation made by the prosecutrix against the applicant that on the pretext of marriage he made physical relationship with her and later on refused to marry with her is falsify. After the marriage both the parties have made complaints against each other, hence, they were called upon by the Parivarik Paramarsh Kendra, Mahila Thana, Ujjain, where on 17/01/2019, both the parties have entered into compromise and they sworn an affidavit to the said effect stating that now they are decided to live separately. 11 months after leaving the applicant, on 11/12/2019, the prosecutrix has lodged the FIR against the applicant alleging that the applicant has committed rape with her on the false promise of marriage. The applicant is in custody since 07/01/2020 and he is not required for further custodial interrogation. Conclusion of trial will take considerable time. There is no possibility of his absconsion or tempering with the evidence. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only), with one solvent surety in the like amount to the satisfaction of trial Court, 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) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.