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Madhya Pradesh High Court · body

2016 DIGILAW 964 (MP)

Pankaj Mahobiya v. State Of M. P.

2016-10-25

ATUL SREEDHARAN

body2016
ORDER : Mr. S. K. Tiwari, learned counsel for the applicant. Mr. Vijay Soni, learned Panel Lawyer for the State. This application has been filed under section 439, Criminal Procedure Code on behalf of applicant Pankaj Mahobiya, in connection with Crime No. 289/16 of P.S. Pali, Distt. Umariya, for offences under sections 366 and 376 of Indian Penal Code. 2. According to the case of the prosecution, the applicant is stated to have committed rape with the prosecutrix under the promise of marriage and thereafter deserted her. On account of which the case as hereinabove came to be registered against the applicant. 3. Learned counsel for the applicant has stated that the applicant and the prosecutrix had in fact got married and are living as husband and wife. Learned counsel for the applicant has also filed I.A. No. 21061/16 which is copy of the affidavit sworn in by the applicant and has been placed before this Court in which he has admitted to his marriage with the prosecutrix and has also undertaken to keep her with him as his wife. 4. The applicant is in judicial custody since 4-10-2016 and the charge-sheet has been filed. 5. In view of what has been stated in the affidavit, the application is allowed and it is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs. 50,000/- ( Rs. Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court. 6. In the event the applicant reneges from the solemn affirmation given before this Court by the said affidavit, the prosecutrix or the State as the case may be, shall be at liberty to file an appropriate application for cancellation of bail. 7. C.C. as per rules.