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Judgment
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.383/2019 registered at Police Station Maksi, District Shajapur (MP) for offence punishable under Sections 376, 376 (2) (n) and 506 of the Indian Penal Code, 1860.
The applicant is in custody since 25.11.2019.
As per prosecution case, allegations of rape and criminal intimidation have been made by the prosecutrix against the present applicant on the pretext of marriage. Hence, the present case has been registered against him.
Learned counsel for the applicant has submitted that the applicant is a Government Servant and working as Panchayat Secretary; and he has not committed any offence. The prosecutrix is a major lady aged about 43 years; and according to the allegation made in the FIR as well as in the statement of the prosecutrix recorded under Section 161 as well as Section 164 of the Code of Criminal Procedure, 1973, the applicant committed rape upon the prosecutrix first time on 15.10.2017 and thereafter for two years he made physical relationship with her. However, during which, neither she raised any alarm nor intimated to her husband or other family members regarding the incident, which clearly indicates that she was the consenting party. The applicant is in custody since 25.11.2019. The investigation is over and charge sheet has already been filed. The conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.