Madhya Pradesh High Court
MCRC/4951/2024 of PRADEEP Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4951 of 2024
BETWEEN:-
PRADEEP S/O GANPATLAL PANWAR, AGED ABOUT 24 YEARS, OCCUPATION: LABOR R/O VILLAGE PAMAKHEDA TEHSIL MALHARGARH DISTT. MANDSAUR (MADHYA PRADESH)
(SHRI HIMANSHU THAKUR - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION JEERAN DISTT. NEEMUCH (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)(SHRI VIJAY SHARMA - ADVOCATE FOR RESPONDENT/OBJECTOR)
This application coming on for admission this day, the court passed the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Heard and perused the record.
This is the first bail application filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail in relation toCrime/FIR No.285/2023 dated (not mentioned), registered at Police Station-Jeeran, District-Neemuch for the offence punishable under Sections 376, 506 ofIPC, 1860. Applicant is in custody since 11.12.2023.
2. Allegation against the applicant is that of commission of rape with the prosecutrix.
3. Learned counsel for the applicant submitted prosecutrix is a major lady and she has filed the complaint on the behest of her husband. Now prosecutrixhas no objection if the applicant is released on bail. The applicant is in jail since11.12.2023 and final conclusion of trial will take sufficient time. On theaforesaid grounds, counsel prays for grant of bail.
4. Learned counsel for the objector submitted that prosecutrix has noobjection if the applicant is released on bail.
5. Learned Govt. Advocate has opposed the prayer and prayed for its rejection.
6. Looking to the facts and circumstances of the case, no objection ofthe prosecutrix, without commenting on the merits of the case, this applicationis allowed.
7. It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand Only) with one solvent surety in the like amount to the satisfactionof the trial court for securing his presence before the said Court on all the datesof hearing fixed in this regard during trial. It is also directed that the applicantshall comply with the provisions of Section 437(3) Cr.P.C.
8. This order shall remain effective till the end of the trial but in case ofbail jump and breach of any of the pre-conditions of bail, it shall becomeineffective and cancelled without reference to this Bench.
Certified Copy as per rules.
(PREM NARAYAN SINGH)