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Madhya Pradesh High Court · body

2017 DIGILAW 696 (MP)

Sujeet Kumar Patel v. State Of M. P.

2017-05-22

H.P.SINGH

body2017
ORDER : Shri S. K. Tiwari, learned counsel for the applicant. Ms. Pratibha Mishra, learned Panel Lawyer for respondent-State. Heard. 2. This is first bail application filed on behalf of the applicant under section 439 of the Criminal Procedure Code. 3. The applicant is in custody since 2-5-2017 in connection with Crime No. 126/2017 registered at Police Station Manpur Pali, District Umaria (M.P.) for the offence punishable under sections 376(2)(n), 506 and 294 of Indian Penal Code. 4. Allegedly, the husband of the prosecutrix died 8 months ago. During his life time, applicant Sujeet Kumar Patel used to visit her house and due to that prosecutrix and applicant came to know each other. After the death of her husband, since there was nobody to look after her, the applicant promised to marry her and started making intercourse with her daily. First time on 2-11-2016, the applicant has committed intercourse with the prosecutrix. Thereafter on 1-1-2017, he has committed intercourse number of times. Then the applicant went to Gujarat and she was in contact with the applicant on phone continuously. On 24-7-2017, prosecutrix came to know that applicant was going to marry the daughter of one Patel on 28-4-2017. Thereafter, the report of the incident was lodged by the prosecutrix for the aforesaid offence. 5. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. The trial will take long time to conclude. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 6. Per-contra, learned Panel Lawyer opposes the bail application. 7. After hearing arguments of the parties and looking to the facts and circumstances of the case, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under section 439 of the Criminal Procedure Code seems to be acceptable. Consequently, it is hereby allowed. It is directed that applicant-Sujeet Kumar Patel be released on bail on his furnishing bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. Consequently, it is hereby allowed. It is directed that applicant-Sujeet Kumar Patel be released on bail on his furnishing bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of section 437(3) of the Criminal Procedure Code. Certified copy as per rules.