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2023 DIGILAW 28 (MP)

Pawan v. State of Madhya Pradesh

2023-01-03

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail. 2. T he applicant was arrested on 07.08.2022 in connection with Crime No.456/2022 by Police Station- Pichor, District- Shivpuri(MP) for the offence punishable under Sections 450, 376 of IPC. 3. After investigation charge-sheet has been filed. 4. As per the prosecution case, on 07.08.2022 at 11 P.M., the prosecutrix, a married lady about 20 years along with her father-in-law and mother-in-law at Police Station Pichor, district Shivpuri lodged a report against present applicant/accused that in the night at 1 A.M., she was sleeping in the room on cot, her husband was also sleeping at that time, the present applicant/accused who is neighbour, entered the room and committed sexual intercourse with her. When she cried, her husband awakened and caught hold of the present applicant. On report, the aforementioned offence was registered. She was sent for medical examination. Applicant/accused was arrested. 5. Learned Advocate for the applicant submitted that applicant has been falsely implicated. Applicant is in custody since 07.08.2022. After investigation charge-sheet has been filed. Conclusion of the trial will take time. Therefore, prays for grant of bail. 6. Learned Public Prosecutor for the State has vehemently opposed the bail application and prayed for its rejection. 7. Looking to the aforesaid facts and circumstances of the case, the applicant is in custody since 07.08.2022, charge-sheet has been filed and conclusion of the trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant. 8. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically Application stands allowed and disposed of. Certified copy as per rules.