Madhya Pradesh High Court

MCRC/12955/2016 of SUNIL Vs THE STATE OF MADHYA PRADESH on 29 December 2016

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of 2016 29/12/2016 Shri Nilesh J. Dave, learned Counsel for the

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29/12/2016

Shri Nilesh J. Dave, learned Counsel for the applicant — Sunil S/o Arvind Kumar Kurmi.

Shri Sanjay Karanjawala, learned Public Prosecutorfor the non-applicant/State.

Shri Rampal Ukey, learned Counsel for thecomplainant/objector.

Case-diary is available.

Argument heard.

This is first application under Section 439 of Cr.P.C.

for grant of bail.

The present applicant was arrested by Police Station -Badwah, District – Khargone in Crime No.450/2016,under Sections 366, 376, 344 and 506 of IPC.

According to the prosecution story, the presentapplicant had physical relationship with the prosecutrixunder the false promise of marriage.

Learned Counsel for the applicant has submitted that the prosecutrix came to know about the material status ofthe present applicant in December, 2015 and January, 2016and still she allowed the present applicant physical contactwith her thereafter report was lodged only in August, 2016.There was no explanation as to why the report was lodgedso late.

However, learned Counsel for the State as well aslearned Counsel for objector opposed the application onthe ground that the present applicant threatened theprosecutrix and, therefore, she could not lodge the report pp/

in time. They also submitted that there are other criminalcases registered against the present applicant and prays fordismissal of the application.

After going through the case-diary and taking intoconsideration the facts and circumstances of the case,without commenting on the merits of the case, I am of theview that it is a fit case for grant of bail. The applicationfiled under Section 439 of Cr.P.C. is allowed. It is directedthat applicant shall be released on bail upon his furnishinga personal bond in the sum of Rs.50,000- (Rupees FiftyThousand Only) and one surety of the like amount to thesatisfaction of the concerned Magistrate for his appearancein this regard during trial.

He is also directed that on being so released on bail,he would comply with the conditions enumerated underSection 437 (3) of Cr.P.C. meticulously.

Certified copy as per rules.

(Alok Verma)

Vacation Judge

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