An accused is entitled to bail if he has been in detention for a significant period of time, the prosecutrix is a major, and the accused has no criminal record.

Headnote:
BAIL - SECTION 376(2)(N) IPC - REGULAR BAIL - APPLICANT IN DETENTION SINCE 15.02.2024 - PROSECUTRIX IS MAJOR - CHARGE SHEET FILED - NO CRIMINAL RECORD OF APPLICANT - BAIL GRANTED.
Fact of the Case:

The applicant was arrested on 15.02.2024 for allegedly raping his sister-in-law under Section 376(2)(n) of the IPC. The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, arguing that he was falsely implicated and that the prosecutrix was a major.
Finding of the Court:

The court found that the applicant had been in detention since 15.02.2024, that the prosecutrix was a major, and that the applicant had no criminal record. The court also noted that the charge sheet had been filed.
Issues: Whether the applicant should be granted bail under Section 439 of the Code of Criminal Procedure.
Ratio Decidendi: The court held that the applicant was entitled to bail as he had been in detention for a significant period of time, the prosecutrix was a major, and the applicant had no criminal record.
Final Decision: The court allowed the applicant's bail application and directed that he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount.

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.132/2024 registered at Police Station - Bina, District Sagar (M.P.) for the offences punishable under Sections 376(2)(n) and 506 of IPC. Applicant is in detention since 15.02.2024. 2. As per the prosecution story, complainant is sister-in-law of applicant who is taxi Taxi Driver by profession and during that period owing to love affection with each other, applicant time and again committed rape with her in Hotel and threatened her with dire consequences. 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 15.02.2024. He has been falsely implicated. It is further submitted wife of applicant submitted a complaint before the police station against her sister, brother-in-law and father who were blackmailing her husband. FIR was lodged after six months of incident. Prosecutrix is major lady. Charge sheet has been filed. There is no criminal record of the applicant. Therefore, it has been prayed that the applicant may be released on bail.

4. Learned counsel appearing on behalf of objector has no objection if applicant is granted bail by this Court.

5. On the other hand, learned counsel for State has opposed the prayer for grant of bail to the applicant.

6. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f 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 of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE Sateesh Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 3/21/2024 1:56:46 PM

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