JUDGMENT

Deepak Kumar Agarwal, J. - This is first bail application filed u/S.439 of Cr.P.C by the applicant for grant of bail.

2. The applicant was arrested on 16.12.2022 in connection with Crime No.247/2022 by Police Station- Matabasaiya, District- Morena (MP) for the offence punishable under Sections 376(D), 452, 506 of IPC.

3. In brief, prosecution case is that on 03.11.2022 at 4:23 p.m. Rajendra gave information to Kotwali Matabasaiya that on 02.11.2022 at 9:30 a.m. when he was going to his field, he saw in the field of Gambhir Singh Lodhi a newly born child in live position, he informed the child line. Thereafter, he got information that some lady had thrown her child in the morning 4:00 to 9:00 a.m.. That child was admitted in the government hospital, District Morena. Due to the information, the offence was registered against accused persons. Thereafter, Police enquired the offence in which the prosecutrix, her mother and her sister-in-law (Bhabhi) was made an accused.

4. On 09.11.2022, at 2:00 p.m., the prosecutrix aged about 22 years lodged a oral complaint against present applicant/accused and Jitendra Lodhi, Monu Gurjar, Pradeep Gurjar that she resides alongwith her mother at Matabasaiya. Her brother used to reside in the Gwalior. In February, her mother had gone to field and she was alone in her house. At that time, present applicant/accused alognwith Sanjay Singh, Monu Gurjar, Pradeep Gurjar came to her house. Out of them, she know Jitendra Lodhi. All of them entered in her house and forcefully committed sexual intercourse with her and gave her threatening to dire consequences due to which, she could not narrate the story to anyone. The proesecutrix became pregnant and she gave birth to a girl on 02.11.2022.

5. Learned advocate for the applicant submits that applicant-accused is innocent. He is in custody since 16.12.2022. After investigation, charge-sheet has been filed and therefore, further custodial interrogation is no more required. Conclusion of trial will take time. The applicant is ready to abide by all the conditions as may be imposed by the Court. On such premises, learned counsel for the applicant prayed for bail. The case is similar to the co-accused Sanjay Singh who has already been enlarged on bail vide order dated 16.01.2023 passed in MCRC No. 2314/2023 by this Court. On the ground of parity, learned counsel for the applicant prays for grant of bail.

6. Learned counsel for the State vehemently opposed the application and has prayed for its rejection.

7. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application, it is ordered that if the applicant furnishes bail bond o f Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

8. He will present during trial before the trial Court on each and every date.

9. Application stands allowed and disposed of.

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

Certified copy as per rules.