Govinddas vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail relating to F.I.R. No. 261/2022 dated (not mentioned) registered at Police Station-Pipalrawa, District-Dewas (M.P.) for the offence under Section 376, 376(2)(n), 366 and 506 of I.P.C.

It is alleged that the applicant had committed rape with the prosecutrix on promise of marriage.

Counsel for the applicant submits that the prosecutrix is already a major married woman and complaint was lodged by the husband of the prosecutrix alleging that in the morning, the prosecutrix was not found at home and missing report was lodged and thereafter about 6 to 7 days, she was recovered. It is argued that the prosecutrix is a major married woman and she was a consenting party. She remained with the applicant for a period of 6 to 7 days. The applicant has falsely been implicated in the case.

Counsel for the respondent/State opposes the prayer for grant of bail.

After hearing counsel for the parties and taking into consideration, case of the prosecution and age of the prosecutrix that she is a major married woman, prima-facie case is made out for grant of bail. The application is allowed.

It is directed that Applicant- Govinddas S/o Babudas Bairagi shall be released from custody upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

Certified copy as per rules.