AI Structured Summary
Not yet generated for this judgment
Judgment
Shailendra Shukla, J
Submissions were made on first application filed under Section 439 of Cr.P.C. for grant of bail to applicant Ishu @ Ishyu Amb S/o Sunil Amb in
respect of Crime No.161/2021 registered at Police Station â€" Neemuch Cantt., Neemuch for allegedly committing the offence punishable under
Section 376(2), 452, 506 of IPC. The applicant is in custody since 5.4.2021.
As per the prosecution story, the applicant had trespassed the house of the prosecutrix and committed rape upon her and also threatened her.
Learned counsel for the applicant submits that charge sheet has been filed. He has drawn the Court’s attention to the chats which have taken
place between the applicant and the prosecutrix as well as the call details showing that they had already been acquainted with each other. The chats
between the two have shown that the prosecutrix had invited the applicant to her house when her family members were not there and the applicant
has been shown to have made intentions regarding indulging in acts as alleged by the prosecutrix. He further submits that the prosecutrix in her reply
to the chats has shown to have consented to such proposal. He further submits that it is a case of consent on the part of the prosecutrix who is a
major and the report was lodged due to pressure from the mother of the prosecutrix, who had got suspicious.
Learned counsel for the State was also heard, who has opposed the bail application. He submits that the prosecutrix in her 164 Cr.P.C. statements has
levelled allegation as per the prosecution story.
Considered.
On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant and the documents placed on
record, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicantâ€" Ishu @ Ishyu Amb S/o Sunil
Amb shall be released on bail upon 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 the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all
dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions
enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.31715/2021 is allowed and stands disposed of.
C.C. as per rules.