Hashim Khan vs State Of Madhya Pradesh

Vivek Agarwal, J

This is first bail application filed on behalf of applicant under Section 439 of CrPC in connection with Crime No.271/2021 under Sections 342, 376(2)(n), 506, 120B of IPC registered at police station Gunga, District Bhopal (M.P) and applicant is in custody since 06/08/2021.

Learned counsel for the applicant submits that applicant is husband of the prosecutrix. When applicant saw his wife red handed having illicit relationship with Shadab Khan, then she lodged a false and frivolous report after about 8 to 9 days. No reason for delay in the FIR is mentioned. It is submitted that firstly incident is false. DNA report is available, which show uninterruptible low profile was generated, which is not sufficient for DNA testing. Secondly, prosecutrix was still living as a wife with the applicant on the date of incident, therefore marital rape has not yet been accepted as a offence in the country. No offence will be prima facie made out and it is a case registered with vengeance so to cover her own acts. Applicant is in custody since 06/08/2021.

Investigation is complete and charge sheet is filed. Trial will take time to conclude. On aforesaid ground prayer is made to enlarge applicant on bail.

Learned G.A for the State opposes the prayer made by learned counsel for the applicant.

Taking into consideration submissions of learned counsel for the applicant and the fact that no reason for delay in the FIR is mentioned, investigation is complete, charge sheet is filed, applicant is in custody since 06/08/2021 and further custodial interrogation is not required in this case. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Hashim Khan be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

In above term, this bail application is disposed of.

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