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2024 Supreme(Online)(MP) 36117
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE DINESH KUMAR PALIWAL
Ravi Kori – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 11046/2024
Amit Patel,Advocate General
AN ACCUSED SHOULD NOT BE DETAINED IN PRE-TRIAL DETENTION FOR AN UNDULY LONG PERIOD, ESPECIALLY WHEN THE TRIAL IS LIKELY TO TAKE A LONG TIME.
Headnote:
BAIL - RAPE - SECTION 376 IPC - REGULAR BAIL - APPLICANT IN DETENTION SINCE 07.01.2024 - TRIAL WILL TAKE CONSIDERABLE TIME - BAIL GRANTED ON FURNISHING PERSONAL BOND OF RS.50,000/- WITH ONE SOLVENT SURETY IN THE LIKE AMOUNT
Fact of the Case:
ACCUSED WAS ARRESTED ON 07.01.2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 376, 376(2)(N), 506 OF IPC. THE PROSECUTION ALLEGED THAT THE ACCUSED ESTABLISHED PHYSICAL RELATIONS WITH THE PROSECUTRIX ON THE FALSE PROMISE OF MARRIAGE AND LATER REFUSED TO MARRY HER.
Finding of the Court:
THE COURT NOTED THAT THE APPLICANT HAD BEEN IN DETENTION SINCE 07.01.2024 AND THAT THE TRIAL WOULD TAKE CONSIDERABLE TIME. THE COURT ALSO CONSIDERED THE FACT THAT THE APPLICANT WAS ONLY 28 YEARS OLD WHILE THE PROSECUTRIX WAS 42 YEARS OLD AND THAT SHE WAS A MARRIED LADY.
Issues: WHETHER THE APPLICANT SHOULD BE GRANTED BAIL PENDING TRIAL.
Ratio Decidendi: THE COURT HELD THAT IT WAS A CASE IN WHICH FURTHER PRE-TRIAL DETENTION OF THE APPLICANT WAS NOT WARRANTED. THE COURT CONSIDERED THE FACT THAT THE APPLICANT HAD BEEN IN DETENTION FOR A CONSIDERABLE PERIOD OF TIME, THAT THE TRIAL WOULD TAKE A LONG TIME, AND THAT THE APPLICANT WAS NOT LIKELY TO ABScond OR TAMPER WITH THE EVIDENCE.
Final Decision: THE COURT ALLOWED THE BAIL APPLICATION AND DIRECTED THAT THE APPLICANT BE RELEASED ON BAIL ON FURNISHING A PERSONAL BOND OF RS.50,000/- WITH ONE SOLVENT SURETY IN THE LIKE AMOUNT.
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.09/2024, dated 06.01.2024 registered at Police Station-Gohalpur, District-Jabalpur (M.P.) for commission of offence punishable under Sections 376, 376(2)(n), 506 of IPC. Applicant is in detention since 07.01.2024. 2. As per the prosecution story, on 06.01.2024, 42 years old prosecutrix lodged FIR alleging that she works as a sweeper in Municipal Corporation. Her marriage was solemnized with Prahlad. She is blessed with two children. Her husband use to harass her by consuming liquor. She was not satisfied with him. It is alleged that eight years ago, she came into contact with Ravi Kori (present applicant) who is the driver of garbage vehicle. Ravi Kori on the basis of false promise of marriage established physical relations with her first on 11.09.2018 and thereafter, continuously established physical relations with her. Now, he refused to marry with her and threatened to do death. FIR was registered. After investigation, charge-sheet has been filed.
3 . Learned counsel for the applicant has submitted that applicant is in detention since 07.01.2024. He has not committed any offence. He is innocent. He has been falsely implicated. He is only 28 years old while the prosecutrix is aged about 42 years old. She is a married lady. Therefore, there is no question of establishing physical relations on false promise of marriage arises. The trial of the case will take considerable time. Therefore, it is prayed that the applicant may be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of the case including the fact that final conclusion of the trial will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Cr.P.C. for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant - Ravi Kori be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE @shish
