AI Structured Summary
Not yet generated for this judgment
Judgment
Atul Sreedharan, J
This application has been filed on behalf of the applicant under section 439 of the Cr.P.C, for offences under sections 366,376 (2)(n) of the IPC,
registered vide Crime No.447/2020, at P.S. Maharajpur, District Mandla.
The applicant is in judicial custody since 29.11.2020 in the aforesaid case. The charge against him is of having raped the prosecutrix. The prosecutrix
is an adult. She is a labourer and so is the applicant. She says in her 164 statement that both of them met at Maharajpur where they both were
working and the applicant on the false pretext of marriage established physical relationship with her and thereafter refused to marry her. The MLC of
the prosecutrix is inconclusive and there is no definite opinion of rape.
Looking at the facts and circumstances of the case and the 164 statement of the prosecutrix which reveals that prima facie the case appears to be
one of consent and the fact that the charge sheet has been filed, no further purpose shall be served by incarcerating the applicant as an undertrial, the
application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with on solvent surety in the like amount to the satisfaction of the Trial Court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be
sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Certified copy as per rules.