Madhya Pradesh High Court

MCRC/48096/2018 of DINESH MAHRA Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-48096-2018

The High Court Of Madhya PradeshMCRC-48096-2018

(DINESH MAHRAVs THE STATE OF MADHYA PRADESH)

3

[31][-][12][-][2018]Jabalpur, Dated :

Shri Sanjeev Kumar Tiwari, learned counsel for the applicant.

Shri Pramod Choubey, learned G.A. for the respondent/State.

Heard with the aid of case diary.

This is first application under Section 439 of the Cr.P.C. for granto f bail in connection with Crime No.165/2018 registered at PoliceStation Karanpathar District Anuppur (M.P.) for the offence punishableunder Sections 376 and 506 of the IPC.

As per prosecution case, on 08.11.2018 at 04.00 pm, the applicantcame to prosecutrix's house situated at village Saraipatera, Distt.Anuppur and committed rape with her and also threatened to kill her.

Learned counsel for the applicant submits that the applicant isinnocent and has falsely been implicated in the offence. The allegedoffence is said to have occurred on 08.11.2018, while the prosecutrixlodged the report on 09/11/2018 and there is no plausible explanationregarding delay in lodging the FIR. The prosecutrix was major. Herstatement is also not corroborated from her medical examination report.The applicant is in custody since 11.11.2018. The charge-sheet has beenfiled and conclusion of trial is likely to take long time, hence prayed forrelease of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer andsubmitted that the applicant committed rape with a widow lady, so heshould not be released on bail.

Considering the facts and circumstances of the case and as to thefact that the applicant is in custody since 11.11.2018 and charge-sheethas been filed and conclusion of trial will take time, without commentingon the merits of the case, the application is allowed and the applicantDinesh Mahra, is directed to be released on bail upon furnishingpersonal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) withone surety in the like amount to the satisfaction of the concernedC.J.M/trial Court for his appearance before the trial Court on all suchdates as may be fixed in this behalf by the trial Court during the pendencyof trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

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1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so asto dissuade them from disclosing such facts to the Court or to the PoliceOfficer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during thetrial; and

6. The applicant will not leave India without previous permission of the trial Court.

Certified copy as per rules.

(RAJEEV KUMAR DUBEY)V. JUDGEpbDigitally signed by PRASHANT BAGJILEWALE Date: 2019.01.01 23:07:44 -08'00'

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