Jitesh Dhurve vs State Of M.P

Vishnu Pratap Singh Chauhan, J

Heard on this second post-arrest bail application filed by the applicant-Jitesh Dhurve under Section 439 of Code of Criminal Procedure for grant of

bail.

First bail application was dismissed on merits vide order dated 13.01.2021 passed in M.Cr.C. No.47991/2020.

The applicant is in jail since 25.10.2020 in connection with Crime No.478/2020, registered at Police Station-Seoni Malwa, District-Hoshangabad for

offence under Sections 366, 376, and 376(2)(N) of the IPC.

Allegation against the applicant, in short, is that, the applicant allured the major prosecutrix on the pretext of marriage, developed physical relationship

with her, but later on denied for marriage.

Learned counsel for the applicant submits that this second bail application is filed on the ground that after dismissal of the first bail application,

statement of the prosecutrix was recorded before the trial court on 20.01.2021 and prosecutrix categorically stated that she liked the applicant and

wants to marry him. After engagement, applicant denied for marriage, therefore, she reported this matter. She no where stated that the applicant

developed physical relationship with her on the pretext of marriage. She turned hostile and not supported the case of prosecution. In support of his

contention, photocopy of the deposition of prosecutrix is filed along with this petition.

Learned Panel Lawyer for the respondent/State, on the other hand, has vehemently opposed the application.

Heard learned counsel for the parties and perused the record.

Perused the statement of the prosecutrix, she nowhere stated that the on the pretext of marriage developed physical relationship with her.

After perusal of the statement of the prosecutriox, who turned hostile, not supported the case of prosecution and not stated anything against the

applicant, this Court is now inclined to allow this application and release the applicant on bail.

Consequently, this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

It is directed that applicant-Jitesh Dhurve shall be released on bail on 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 trial Court for his appearance before that Court on all dates fixed in the case

and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and 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.

Certified copy as per rules.