AN ACCUSED IS ENTITLED TO BAIL IF HE HAS BEEN IN DETENTION FOR A CONSIDERABLE PERIOD OF TIME, THE CHARGE SHEET HAS BEEN FILED, AND THERE IS NO LIKELIHOOD OF HIM COMMITTING ANY FURTHER OFFENCES.

ORDER

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.268/2023 registered at Police Station - Bhagwa, District Chhatarpur (M.P.) for the offences punishable under Sections 365, 376, 376(2)(f), 376(2)(n), 450, 506, 34 of IPC. Applicant is in detention since 29.12.2023. 2. As per the prosecution story, in brief is that on 26.11.2023, the applicant has committed sexual intercourse with the prosecutrix without her consent. On the basis of aforesaid, Police registered the case against the present applicant under the aforesaid Sections.

3. Learned counsel for the applicant submitted that applicant is in jail since 29.12.2023. He has been falsely implicated. It is submitted that husband of the prosecutrix has lodged a written complaint on 14.12.2023 in which it is stated that her wife (prosecutrix) is residing with one Ramesh @ Pappu Gangele. Father-in-law of the prosecutrix Rama Shankar Pateriya has also lodged the same complaint before the concerned Police Authority. It is further submitted that mother and brother of the present applicant have lodged FIR against Ramesh @ Pappu Gangele bearing Crime No.35/2023 offence under Sections 420, 467, 468, 471 of IPC and Crime No.48/2023 under Sections 294, 506, 34 of the IPC and one another report was also lodged by Saroj Gupta against Ramesh @ Pappu Gangele bearing Crime No.62/2023 under Sections 294, 506 of the IPC. DNA is also negative. Charge sheet has been filed. Therefore, it has been prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for objector vehemently opposed the bail application on the ground that false report has been lodged by husband of prosecutrix and he used to assault her. It is submitted that applicant wants to defame the prosecutrix therefore, he may not be enlarged on bail 5. Learned Panel Lawyer for the State also opposed the bail application. 6. Having taken into consideration all the facts and circumstances of the case, but without commenting upon merits of the case, I am inclined to release the applicant on bail. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 7 . It is directed that applicant 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. 8. 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 (PRAMOD KUMAR AGRAWAL) JUDGE shahina