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2018 DIGILAW 792 (MP)

ANIL NINAMA v. STATE OF M. P.

2018-09-12

ROHIT ARYA

body2018
JUDGMENT : 1. Shri K. C. Raikwar, learned counsel for the applicant. Shri Aditya Garg, learned Public Prosecutor for the respondent/State. 2. This is third repeat bail application under section 439 of the Criminal Procedure Code, 1973, on behalf of applicant, Anil Ninama. His first application was dismissed as withdrawn vide order dated 25-4-2018 passed in M.Cr.C No. 15629/2018. Second application was dismissed as withdrawn vide order dated 18-7-2018 passed in M.Cr.C. No. 24196/2018 with liberty to revive the application after six weeks. The applicant is in jail since 20-3-2018 in connection with Crime No. 148/2018 registered at Police Station - Deen Dayal Nagar, District - Ratlam (MP) for offence punishable under sections 366, 376 of the Indian Penal Code, 1860. 3. As per the prosecution story, on 28-3-2018 applicant manipulated the prosecutrix and eloped with her and kept her in a hut, wherein he committed rape upon her. Accordingly, the case has been registered against the applicant. 4. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in the case. He further submits that the prosecutrix is 22 years of age and acquainted with the applicant for last five years and she has gone with him on her own will at several places and never protested. It is submitted that the incident occurred on 16-12-2017 and the FIR was lodged after three months of the incident i.e. 12-3-2018. Investigation is complete. Challan has been filed, therefore, no further custodial interrogation is required. Hence, learned counsel prays that the applicant may be enlarged on bail. 5. Per contra, learned Public Prosecutor for the respondent/State opposes the bail application supporting the impugned order and prays for rejection of the application. 6. Having heard learned counsel for the parties and perusing the case diary and the facts that the applicant is in jail since 20-3-2018 and not required for further custodial interrogation, but without commenting on merits of the case, the application of the applicant filed under section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under section 437(3) of Criminal Procedure Code, 1973. 7. A copy of the order be sent to the Court concerned for necessary compliance. 8. Certified copy as per rules.