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2023 Supreme(Online)(MP) 3317
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 5 OF JUNE, 2023 MISC. CRIMINAL CASE No. 21493 of 2023 BETWEEN:- LOVE MOURYA S/O SHANKARLAL MOURYA, AGED 38 YEARS, OCCUPATION: SERVICE R/O 78-C, 02-S, SCHEME NO. 78, LASUDIYA, INDORE (MADHYA PRADESH)
.....APPLICANT (BY SHRI G.P. SINGH - ADVOCATE)
AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION LASUDIYA, DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENT/STATE (BY SHRI TARUN PAGARE - GOVT. ADVOCATE)
(BY SHRI NEELESH PATEL-ADVOCATE)
This application coming on for admission this day, the court passed the following:
,Advocate General
ORDER
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.1545/2022 dated (not mentioned) registered at Police Station - Lasudiya, Indore (M.P.) for the offence under Sections 366, 376, 376(2)(n) and 506 of IPC.
2) It is alleged that the applicant had committed rape with the prosecutrix on the false promise of marriage.
3) Counsel for the applicant submits that the prosecutrix is a major lady of 26 years old. She has already given no objection before this Court.
4) Counsel for the State submits that in the statement under Sections 161 and 164 of Cr.P.C., the prosecutrix has supported the prosecution case. However, counsel for the complainant submits that the prosecutrix has no objection if bail is granted to the applicant.
5 ) After hearing learned counsel for the parties and taking into consideration that prosecutrix is a major lady and she has no objection to grant bail to the applicant, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
6) It is directed that applicant - Love Mourya shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.
7) The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
8) A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
(VIJAY KUMAR SHUKLA)
V. JUDGE
