Madhya Pradesh High Court
MCRC/50073/2020 of DEEPESH BAMALIYA Vs THE STATE OF M.P. on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50073-2020
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The High Court Of Madhya PradeshMCRC-50073-2020
(DEEPESH BAMALIYAVs THE STATE OF M.P.)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Priyank Khandelwal, Advocate for the applicant.
Shri Prakash Gupta, learned P.L. for the respondent/State.
This is first bail application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail, who is in custody since 08.12.2020 inconnection with Crime No.473/2020 registered at Police Station Dehat,District Hoshangabad for the offence punishable under Sections 376(2)(N),506 of the IPC and sections 3/4 of the POCSO Act.
Allegation against the applicant is that he repeatedly committed rapewith the prosecutrix on promise of marriage with her. Apart from it, she wasalso subjected to sexual intercourse when she was minor.
It is submitted that the applicant is innocent. He is in custody since08.12.2020. Charge sheet has been filed. Trial will take time. The applicanthas no criminal antecedents. There is no likelihood of his absconding andtempering with the material witnesses. It is further submitted that as perprosecution story, it is a case of consensual sexual relationship. Theprosecutrix has filed an affidavit before the trial Court and expressed that shehas no objection to release the applicant on bail. On account of somemisunderstanding, she has lodged the FIR. Under these circumstances,applicant's further custody is not warranted. Hence, he be enlarged on bail.
Learned P.L. opposed the application and prayed for rejection of thesame.
Having considered the contentions of learned counsel for the partiesand looking to the facts and circumstances of the case, further custody ofthe applicant is not warranted, without commenting anything on the merits ofthe case, in view of this court, it is a fit case to grant bail. Hence, thisapplication is allowed.
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Applicant Deepesh Bamaliya is directed to be released on bail onfurnishing personal bond in a sum of Rs.40,000/- with a solvent surety in thelike amount to the satisfaction of the trial court for his appearance before thetrial Court on the dates so fixed by that Court during trial. It is directed thatapplicants shall comply the provisions of Section 437(3) Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA)V. JUDGE
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