Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.

JUDGMENT

anand Pathak, J. - The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 10.01.2022 by Police Station amola, District Shivpuri, in connection with Crime No.209/2021 registered for offence punishable under Sections 354, 452, 323, 294, 506, 34 and 376 of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 10.01.2022 whereas charge-sheet has already been filed. Initially case was registered for offence under Section 354 of IPC and Statement under Section 161 of the Cr.P.C. was recorded. Later on, in statement under Section 164 of the Cr.P.C., allegations of offence of rape has been levelled against the applicant. Medical report belies the allegations and therefore, story indicates an improbable event. applicant is Sarpanch and due to some dispute present case has been registered. Even otherwise, allegation of rape is not attributable over the present applicant. Confinement amounts to pretrial detention. applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. He would not move in the vicinity of complainant party. Under these grounds, he prayed for bail.

Counsel for the State opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions and the fact situation of the case, without commenting on the merits of the case, this Court intends to allow this application but with certain stringent condition. It is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court.

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

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

2. The applicant will cooperate in the investigation/trial, as the case may be;

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

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. The applicant shall not be a source of harassment and embarrassment to the complainant party and shall not move in her vicinity.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.