Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1427

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Ramesh Chandra Bairagi & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.62540 of 2021, 2415 of 2022
Decided On : 18-01-2022

Advocates Appeared:
Nitin Vyas, Advocate, Gourav Panchal, Advocate, Nisha Jaiswal, Advocate
Final Result : Allowed

The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.

Headnote:
Bail - Criminal Procedure Code - Applicants implicated in abduction and rape case granted bail
Fact of the Case:

The applicants were implicated in a case involving abduction, rape, and assault. The prosecutrix alleged that one of the applicants abducted and raped her without consent, while the other assaulted her husband. The applicants claimed innocence, stating that the prosecutrix was a consenting party and had been in contact with them even after the alleged incident. The charge-sheet had been filed, and the trial was expected to take a long time.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the application and directed the release of the applicants on bail. The court imposed conditions, including a personal bond and surety, and required the applicants to remain present during the trial and abide by specified conditions.
Issues: The main issue was whether the applicants should be granted bail despite the serious allegations against them, considering the arguments presented by both the applicants' counsel and the public prosecutor.
Ratio Decidendi: The court considered the facts and circumstances of the case, the arguments of the parties, and the potential duration of the trial in reaching its decision to grant bail to the applicants.
Final Decision: The applicants were granted bail on the condition of furnishing a personal bond and surety, remaining present during the trial, and complying with specified conditions. The bail would be effective until the end of the trial, but could be cancelled in case of bail jump or breach of pre-conditions.

JUDGMENT

Rajendra Kumar Verma, J. - These are the first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime No.310/2021, registered at Police Station - Rajgarh, District - Dhar, concerning offence under Sections 376(2)(n), 366, 323 and 506 of IPC. The applicants are in jail since 01.12.2021.

As per the prosecution, the allegations against the applicant Vijay are that he has abducted the prosecutrix and committed rape upon her without her consent and the allegations against the applicant is that he has assaulted on the husband of the prosecutrix. Hence, the police has registered the crime against the applicants.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated. Both the applicants are father and son. The FIR was delayed by four and half months. The prosecutrix is a married lady and she was a consenting party and was living with the applicant for three months. applicant Ramesh Chandra was not named in the FIR at the time of lodging FIR. The prosecutrix was in contact with the applicant Vijay and chatting with him on whatsap even after the incident period allegedly mentioned by the prosecution. The charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicants.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicants on bail. She further submits that the prosecutrix has supported the case of the prosecution in her statements recorded under Section 164 of Cr.P.C.

I have heard the learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application filed by applicants are allowed. The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) each, with one solvent surety in the like amount to the satisfaction of trial Court, with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicants.

It is also stipulated that on being registration of any type of case under any provision, against the the applicants, this order shall stands cancelled without further reference to this Court.

Certified copy as per rules.

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