Mavasiya vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary

This is first application u/s 439 of Cr. P.C. The applicant has been arrested in Crime No. 94/2013 registered at Police Station, Vijaypur, District Sheopur, for the offence punishable under Sections 376 and 506 of IPC.

As per prosecution case, the applicant, who happens to be the father-in-law of the prosecutrix, has committed rape with the prosecutrix 4-5 times after Holy festival. Recently, four days prior to 5.5.2013 applicant entered in the room of his daughter-in-law (prosecutrix), threw her on the ground and committed rape with her. When she tried to raise alarm, the applicant closed her mouth and threatened her. Poonam, the daughter of her aunt (Bua) came to village Gaudi in a marriage function, then the prosecutrix told her to inform her father. Thereafter, her father and maternal uncle Shaymlal and Babu came there. Prosecutrix went with them to her parents home and lodged the report.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated in the case. In the house of the applicant, there are only two rooms where applicant, his two sons and daughter-in-law are residing with him. In view of it, the alleged act is not at all possible. It is further submitted that applicant is an old man aged 60 years. He is in custody since 8.5.2013 and trial will take some time. On these grounds, prayed for bail.

The application is opposed by learned Public Prosecutor submitting that looking to the allegation against the applicant, he is not entitled to be released on bail.

From the medical report of the prosecutrix, it appears that no evidence of recent injury has been found on her person. However, it is opined that possibility of sexual intercourse cannot be ruled out. It appears that prosecutrix is a fully grown up lady aged 19 years and the applicant is said to be aged 60 years. No external injury has been found on the person of the prosecutrix. Taking into consideration the aforesaid facts, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.