The court considered the settlement between the parties and the prosecutrix's affidavit retracting her complaint to allow the bail application without commenting on the merits of the case.

JUDGMENT

1. This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of bail. The applicants are in custody since 12.09.2022 in connection with Crime No.86/2022 at the instance of JMFC, Kannod District Dewas, (M.P.) for commission of offence punishable under section 376, 376(D), 506 of the Indian Penal Code of 1860.

2. As per prosecution story, on 28.03.2021, present applicants came to the field of prosecutrix and committed rape upon her and threatened to kill her. They also used a knife to put her under the threat. Thereafter, she went to police station where they ignored her complaint and did not entertain her. Upon such incident, she went to Court of Judicial Magistrate First Class. Accordingly, offence has been registered against the applicants.

3. Learned counsel for the applicants submits that both the applicants are innocent person and they have been falsely implicated in this offence on the basis of some land dispute. There is no admissible evidence available on record against them. Police has not registered the case against the applicants and on the basis of the complaint filed by the prosecutrix, offence has been registered against them by the trial Court. Prosecutrix is a 41 years old lady.

4. Prosecutrix and her family members are in habit of launching false complaints. A Similar private complaint has been launched by the prosecutrix against 11 person under Sections 294, 506, 147, 148, 352, 452 and 354 of the IPC. There is a dispute regarding cutting the crops. Matter has been amicably settled between both the parties and prosecutrix herself has filed an affidavit by stating that she has launched a false FIR against the applicants and she has no objection if the applicants are released on bail.

5. Counsel for the prosecutrix also submits that prosecutrix has filed an affidavit in which she has categorically stated that due to some land dispute she has launched a false complaint and both the applicants have not committed any rape upon her. Matter has been finally settled between both the parties and she is ready to withdraw her complaint.

6. Perused the impugned order of the trial Court as well as the case diary.

7. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicants and also taking note of the fact that applicants have filed certain documents regarding the purchase of the land. Earlier offence has not been registered by the police and later on, on the basis of the complaint made by the prosecutrix, offence is registered, but prosecutrix has filed an affidavit stating that she has lodged a false complaint against the applicants and now the matter has been amicably settled between both the parties and present applicants did not commit any rape upon her. Prosecutrix is a 41 years old lady. She has not promptly launched any FIR. There is a civil dispute for land between both the parties. In view of the above, at this stage, without commenting on the merits of the case, the application is allowed.

8. It is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

9. Certified copy as per rules.