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Madhya Pradesh High Court · body

2018 DIGILAW 78 (MP)

RAJKUMAR v. STATE OF M. P.

2018-01-17

H.P.SINGH

body2018
JUDGMENT : 1. Shri S. K. Tiwari, learned counsel for the applicant. Shri A. S. Pathak, learned Government Advocate for the respondent/State. Heard. 2. This is first bail application filed on behalf of the applicant under section 439 of the Code of Criminal Procedure. 3. The applicant is in custody since 21-12-2017 in connection with Crime No. 739/2017 registered at Police Station Sarni, District Betul (M.P.) for the offence punishable under sections 376(2)(n) and 506 of Indian Penal Code. 4. As per prosecution, prosecutrix aged about 27 years is known to the applicant. It is alleged that the applicant had been committing rape for five years on the pretext to marry prosecutrix and thereafter, when the applicant refused to marry her then prosecutrix made a complaint on which case has been registered against the applicant. 5. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. 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 Government Advocate for the respondent-State opposes the bail application. 7. After hearing arguments of the parties and looking to the facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, application of the present applicant, namely, Rajkumar under section 439 of the Criminal Procedure Code seems to be acceptable. Consequently, it is hereby allowed. 8. It is directed that applicant 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 applicant shall comply the provisions of section 437(3) of Criminal Procedure Code. 9. Certified copy as per rules.