Rakesh Shastri S/O. Dinesh Shastri vs State Of M.P

Vivek Rusia, J

This is a repeat (2nd) application under section 439, Cr.P.C., for grant of bail filed by the applicant - Rakesh Shastri S/o. Dinesh Shastri who is in

custody since 18.9.2019 in connection with Crime No.407/2019 registered at Police Station Sanwer, District Indore for the offence under Sections

344, 365, 366, 368, 376(2)(n) & 506 of the IPC. The first application was dismissed as withdrawn on 16.6.2020. Thereafter, the prosecutrix was

examined as P.W.2 on 11.1.2021 and she has also been cross-examined by the learned counsel appearing for the applicant.

As per the prosecution story, an FIR of missing person was lodged on 6.8.2019 of the prosecutrix. Thereafter, she was recovered on 17.9.2019 from

Radhaswami Guest House, Jaora and along with her two children and the present applicant. Her statement u/s. 161 and u/s. 164 of the Cr.P.C. were

recorded, and the FIR was registered against the present applicant under aforesaid offences. The prosecutrix stated that she is a deserted wife of

Dinesh. She has filed a case for maintenance against her husband. She has two children aged about 7 and 3 years respectively. The applicant met her

offer his cooperation in getting the case decided thereafter he took her forcibly to the Guest House and kept in inhuman manner. She was tortured and

rape was committed with her.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. The prosecutrix has been examined in the Court

and in the Court-statement she has not made any allegation about the rape. She has supported the prosecution case in respect of abduction and

threatening only. He further submits that it is a case of consent. She herself went with the applicant. The applicant is in custody since 17.9.2019 and

there is no progress in the trial due to Covid-19 pandemic. In such premises, he prayed that the applicant be released on bail.

Learned Panel Advocate opposes prayer and prayed for rejection of the bail application and prayed for rejection of the same.

I have gone through the entire statement of P.W.2 recorded on 11.1.2021. There are various omissions and contradictions in the said statement. No

specific allegation in respect of rape has been made. In view of this subsequent development, in my opinion the applicant is entitled to be released on

bail.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before

the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the

conditions enumerated under Section 437(3) Cr.P.C. with further condition that he shall not approach the complainant/prosecutrix to influence her or

pressurize her. It is made clear that the aforesaid observation has been made for consideration of the bail application at this stage only.

Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.C. as per rules.