CRA/12460/2022 of RAVI MEENA Vs THE STATE OF MADHYA PRADESH on 29 December 2022

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IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)ON THE 29[th] OF DECEMBER, 2022

CRIMINAL APPEAL No. 12460 of 2022

BETWEEN:-

RAVI MEENA S/O RAMESH MEENA, AGED ABOUT 29YEARS, OCCUPATION: AGRICULTURIST VILLAGEBERAGAD KHUMAN SHYAMPUR, (MADHYA PRADESH)

(sHRI MANOJ SAXENA - ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KURAWAR(MADHYA PRADESH)

(SHRI NITIN SINGH BHATI - GOVERNMENT ADVOCATE)

.....RESPONDENT

This appeal coming on for orders this day, the court passed the following:ORDER

The notice has been served to the prosecutrix but she is not present.

This is first criminal appeal under section 14-A(2) of the SC/ST for grant ofbail under section 439 of the Cr.P.C in crime no.407/2022 under section 366,344, 376, 376(2)(n), 294, 323, 495, 496 and 3(2)(V), 3(2)(va), 3(1)(W), 3(1)(r),3(1)(s) of the SC/ST Act registered at police station Kurawar, Rajgarh (Biora).

As per the prosecution case, the applicant on the pretext of marriagecommitted rape upon the prosecutrix and later found that the applicant isalready married.

Learned counsel for the appellant submits that he has proposed to theprosecutrix for marriage and started live-in relationship with her at Kurawar at rented house. The prosecutrix was a consenting party. The applicant is in jailsince 25.09.2022. The investigation has been completed and the charge sheethas been filed. The conclusion of trial will take sufficient long time. He praysthat he be enlarged on bail.

Learned counsel for the respondent/state opposed the prayer for grant ofbail.

After due consideration of submission of learned counsel for the parties andin the fact and circumstances of the case, I deem it proper to release theappellant on bail. Therefore, without commenting on merits of the case, theappeal is allowed.

The appellant is directed to be released on bail on his furnishing a personalbond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with on solventsurety of the like amount to the satisfaction of the trial Court for his regularappearance before the trial Court during trial Court concerned during the trialand shall also abide by the conditions enumerated under section 437(3) of theCr.P.C. It is made clear that in case of bail jump, this order shall becomeineffective.

Accordingly, the present appeal stands disposed off.

(AMAR NATH (KESHARWANI))JUDGE