The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.

JUDGMENT

Deepak Kumar Agarwal, J. - This First application under Section 439 of Cr.P.C. filed by the applicant for grant of bail who has been arrested on 04-11-2022 in connection with Crime No.714 of 2022 registered at police station Maharajpura, District Gwalior for offence under Sections 376, 328, 342, 506, 34 of IPC.

2. In brief, the prosecution story is that prosecutrix a married lady lodged a complaint against the present applicant accused at police station Maharajpura, District Gwalior on 07-09-2022 stating therein that she is resident of DD Nagar, Kushwah Market, Gwalior and she is having two children, namely, Shivansh and Shivangi. She could not maintain her family on the income of her husband, therefore, she decided to do a job. Thereafter, she came to contact of present applicant resident of Nehru Colony, Station Road, Kotwali, District Sehore who assured her to give a better job. Without interviewing, the present applicant called him at Bhopal and told that she will go for training near about 6- 7 days for which the vehicle is required. On account of this, she along with Honda Activa bearing registration no. MP07 SP 7447 along with cash of Rs.30,000/-and other ornaments and household articles total amount of Rs.4 lac reached with present applicant at Bhopal. On the next day, the present applicant demanded money and gold ornaments but she told him first to get job and thereafter she will give. Thereafter, the applicant-accused misbehaved with her and without informing and after administering some medicine the applicant took her in his room situated at Sehore where he committed sexual intercourse with for some days. From the clutches of present applicant by taking a chance, she escaped and reached Gwalior and narrated the incident to police. On the basis of which, FIR vide Crime No.714 of 2022 for offence under Sections 376, 328, 342, 506, 34 of IPC was registered. The prosecutrix was medically examined. The applicant was arrested. After completion of investigation and other formalities, charge sheet has been filed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. The prosecutrix is a married lady. The applicant is in custody since 04-11-2022. Charge sheet has been filed. Conclusion of trial will take. The applicant is a student aged around 18 years. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail.

4. On the other hand, learned counsel for the State opposed the prayer and submitted that looking to the nature of offence, the applicant is not entitled for grant of bail and hence, prayed for dismissal of bail application.

5. Heard learned counsel for the parties and perused the case diary as well as charge sheet.

6. 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 i f the applicant furnishes a bail bond of Rs.25000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Cour, he should be released on bail. He will present during trial before the trial Court on each and every date.

7. Application stands allowed and disposed of.

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

CC as per rules.