Madhya Pradesh High Court
MCRC/4371/2024 of NANDRAM 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. 4371 of 2024
BETWEEN:-
NANDRAM S/O KESHARSINGH DAWAR, AGED ABOUT 20 YEARS, OCCUPATION: LABOUR R/O. PREMNAGAR, TIRLA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)
(SHRI CHANDRA BHUSAN PANDEY - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH P.S. AMJHERA (MADHYA PRADESH)
(SHRI SAMEER VERMA- PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
This first bail application has been filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail relating toCrime/FIR No.610/2023 dated (not mentioned), registered at Police Station-Amjhera, District-Dhar (M.P.) for the offence under Sections 366, 376(2)(N) &344 (Part-II) of IPC, 1860. The applicant is in custody since 18.10.2023.
2. As per prosecution story, it is alleged that the applicant has committed rape upon the prosecutrix.
3. Learned counsel for the applicant submits that the applicant is innocentand has falsely been implicated in this case. The incident took place on16.08.2023 and the FIR was lodged on 18.10.2023. The prosecutrix is a 33years old married lady having two children. Both the applicant and theprosecutrix resided together for two months and during the prosecutrix did notraise any hue or cry. The applicant is in jail from 18.10.2023 i.e. more thanthree months. The final conclusion of the trial is likely to take sufficient longtime, hence, it is prayed that the applicant is entitled to be released on bail.
4 . Learned counsel for the respondent/State opposed the prayer andprayed for its rejection.
5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case and custody period of the applicant, I am of theview that it is a case, in which applicant may be released on bail. Consequently,without commenting on the merits of the case, bail application under Section439 of the Code of Criminal Procedure for grant of bail filed on behalf ofapplicant, stands allowed.
6. It is directed that applicantbe released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
sumathi
(PREM NARAYAN SINGH)JUDGE