Madhya Pradesh High Court
MCRC/4680/2024 of ANIL SEN Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4680 of 2024
BETWEEN:-
ANIL SEN S/O SHRI RAMBHROSA SEN, AGED ABOUT 32YEARS, NEAR OF RADHA KRISHNA MANDIR MOHRIRAI TEHSIL DISTRICT ASHOKNAGAR (MADHYAPRADESH)
.....APPLICANT
(SHRI ANIKET BHADORIA, LEARNED COUNSEL FOR THE PETITIONER) .
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION DEHAT DISTRICTASHOKNAGAR M.P. (MADHYA PRADESH)
.....RESPONDENTS
( SHRI DINESH SAVITA- P.L.- APPEARING ON BEHALF OF ADVOCATEGENERAL).
This application coming on for admission hearing this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to FIR No. 07 of 2024 registered at PoliceStation Dehat, District Ashoknagar (M.P.) for the offence under Sections 376,376 (2) (n) and 506 of IPC.
Learned counsel for the applicant argued that applicant is an innocent personand has been falsely implicated. He further argued that applicant is the onlyearning member of his family. He further argued that allegedly the applicantcommitted sexual assault upon the prosecutrix between 30/01/2023 to 30/06/2023 on various occasions, however, FIR was lodged on 06/01/2024 withdelay of six months and no plausible explanation has been put forth by theprosecution in regard to delay in lodging FIR. She is a major woman agedabout 38 years. At the most, this is a case of consensual sexual relationship.The applicant is in custody since 07/01/2024 and he has no criminalantecedents. Investigation is nearing completion and further custodialinterrogation of the applicant may not be required. The applicant is permanentresident of District Ashoknagar. Conclusion of trial is likely to take time andthere is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bailapplication and prayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;
3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be; 4 ) The applicant will not commit any other offence orwill not repeat the offence in future. In case, if he/she isfound involving in the offence of the same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.
5) The applicant will not seek unnecessary adjournmentsduring the trial; andduring the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information andnecessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
Durgekar
(SUNITA YADAV)JUDGE