The absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.

JUDGMENT

Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.

2. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.516/2022 registered at Police Station Gandhwani District Dhar for offence punishable under Sections 376,366, 294,323 and 506 of IPC. The applicant is in custody since 08.09.2022.

3. The allegation against the applicant is of rape of prosecutrix.

4. Counsel for the applicant has submitted that the prosecutrix was 20 years old and was a consenting party as both of them were having an affair. It is further submitted that only on the influence of her parents the case has been registered against the applicant on 06.09.2022 in the night at 23.19 hours. Whereas the date of incident is of 05.09.2022 at around 6.00 in the evening.

5. Counsel for the applicant has drawn attention of this Court to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C wherein she has stated that on 05.09.2022, the applicant had contacted and committed rape on her and on the same day he came to her house and also assaulted her parents.

6. Counsel for the applicant has further drawn attention of this Court to the photographs of the applicant and the prosecutrix to substantiate his arguments that both of them were having an affair.

7. Counsel for the applicant further submitted that the charge sheet has already been filed and there are no other criminal antecedents registered against the applicant. The MLC report is also negative. It is further submitted that the applicant is in jail since 08.09.2022 and the final conclusion of the trial is likely to take a long time. Hence, it is prayed that the application be allowed.

8. Counsel for the respondent / State has also opposed the prayer. However, it is not denied that there are no other criminal antecedents registered against the present applicant.

9. Having considered the rival submissions, on perusal of the case diary, also the statement of the prosecutrix recorded under Section 164 of the Cr.P.C and also taking note of the fact that the MLC report is negative and the final conclusion of trial is likely to take sufficient long time, this Court finds force with the contention raised by the counsel for the applicant. Thus, this Court finds it expedient to allow the present application. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.

10. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

11. It is also observed that after his/her release on bail, if the applicant is found in any of the criminal activities, the learned Judge of the trial Court shall after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Certified copy, as per rules.