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Judgment
Vijay Kumar Shukla, J
This is first application filed under section 439 of Cr.P.C in crime No.06/2024 under section 366, 376, 342, 506 of IPC registered at Police Station - Panwasa, Ujjain.
It is alleged that an oral report was lodged on 03.01.2024 that the prosecutrix was working as a Sweeper in S.S. Gupta Hospital. On 02.01.2024 at 07:30PM when she was going to house, the applicant who operates auto came to her and asked her to leave at the house for Rs.20/-. It is alleged thereafter she was taken to his house where it was alleged that he committed rape with the prosecutrix twice. The report was lodged on the next day in the night at 10:20 PM.
Counsel for the applicant submits that he has been falsely implicated in the present case. The prosecutrix is a major married woman. After the alleged incident, she went back to the house and stayed with her husband and other family members, but the report was lodged on the next day in the night at 10:20 PM. In the CCTV footage, no material has been found. He further submits that in the morning a call was made from the mobile of prosecutrix to him demanding the money to blackmail him.
Counsel for the State submits that though in the CCTV footage, no material has been found, but the FSL report is positive and in the slide of the prosecutrix, presence of semen has been found.
After hearing learned counsel for the parties and considering the entire prosecution case and the fact that in the CCTV footage, nothing has been found, the prosecutrix is a major married woman, she went back to the house and the report was lodged on the next day in the night, the FSL will have no much significant, in view of the fact that the prosecutrix is a married woman and she stayed in the night with her husband. The applicant is in jail since 04.01.2024. Without commenting on the merits of the case I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant Jitendra 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 Ld. 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.
C.c. as per rules.