Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 968 (MP)

Adarsh @ishu v. State Of M. P.

2020-09-29

S.K.AWASTHI

body2020
JUDGMENT S K Awasthi, J. - Heard. Case diary perused. 2. This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No. 35/2020, registered at Police Station-Mahila Thana Indore, District-Indore, for commission of the offence punishable under Sections Sections 376, 376(2)(N), 323, 294, 506 & 34 of Indian Penal Code. 3. As per prosecution story, the prosecutrix lodged an FIR against the applicant alleging that he made physical relationship with the prosecutrix on the pretext of marriage, thereafter he refused to marry her. On that basis the aforesaid offences have been registered against him. 4. Learned counsel for the applicant has submitted that the applicant is a young boy aged about 20 years and he has not committed any offence. The prosecutrix is a major lady and she had gone with the applicant on her own accord. She remained with the applicant for a considerable period and visited various places with the applicant by means of public transport and during which she neither made any complaint to anyone that the applicant took her forcefully nor she tried to escape from the custody of the applicant which indicates that the prosecutrix is a consenting party. The applicant is in custody since 23.06.2020. Investigation is over charge-sheet has been filed. The conclusion of the trial will take sufficiently longer time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant. 5. Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed. 6. Learned counsel for the Objector submits that he has no objection if bail is granted to the applicant. 7. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, 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 on his 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 the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C. 8. Certified copy as per rules.