Madhya Pradesh High Court
MCRC/46559/2020 of ISWARDEEN SAHU Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-46559-2020
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Signature Not Verified
SAN
The High Court Of Madhya PradeshMCRC-46559-2020
(ISWARDEEN SAHUVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Alok Kumar Gupta, learned counsel for the applicant.
Shri Akshay Pawar, learned P.L. for the State.
With the consent, finally heard.
This application has been filed by the applicant under Section 439 ofCr.P.C. for grant of bail in connection with Crime No.222/2020 for theoffences punishable under Sections 376, 506, 376(2-N) and 450 of IPCregistered at Police Station Sidhi, District Shahdol.
Learned counsel for the applicant submits that the applicant is custodysince 23.08.2020. The applicant has been falsely implicated. As per theprosecution story, the applicant committed rape on the prosecutrix on11.08.2020. The prosecurtix lodged FIR on 22.08.2020. Before that shesubmitted a written complaint to SHO Police Station Sidhi, District Shahdolon 18.08.2020 (Annexure-A/2). In the said written complaint, the prosecutrixdid not narrate about any incident of rape. As an after thought, the applicanthas been falsely implicated by lodging FIR dated 22.08.2020. The applicanthas also lodged written report in the same police station on 18.08.2020wherein he stated that the applicant has been harassed because of propertydispute by his brother - Premlal Sahu (husband of the prosecutrix). Thewhole story of prosecution is false and unbelievable. The challan has alreadybeen filed. The applicant will not influence the material or evidence. He maybe enlarged on bail.
Prayer is opposed by learned P.L. for the State.
I have heard learned counsel for the parties on this application.
Considering the nature of accusation, the complaint of the prosecutrixdated 18.08.2020 which does not contain any allegation of rape, withoutexpressing any opinion on the merits of the case, I deem it proper to enlarge Signature Not VerifiedSANDigitally signed by SHIBA NARAYANBISWALDate: 2020.12.31 14:26:21 IST
the applicant on bail. Moreso, when challan has been filed and custodialinterrogation of the applicant is no more required.
Accordingly, it is directed that the applicant Iswardeen Sahu bereleased on bail on his furnishing a personal bond for the sum of Rs.50,000/-(Rs. Fifty Thousand) with a solvent surety in the like amount to thesatisfaction of the trial Court for securing his presence before the said Courtregularly on all the dates of hearing fixed in this regard during trial and forcomplying with the conditions enumerated in sub-section (3) of Section 437of Cr.P.C.
(SUJOY PAUL)V. JUDGE
Biswal