ORDER

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, relating to FIR/Crime No.399/2023 dated (not mentioned) registered at P.S. Sondava, District Alirajpur (M.P.) for commission of offence punishable under Sections 376, 376(2)(k), 376(2)(f) and 506 of IPC.

It is alleged that applicant had committed rape with the prosecutrix on 8.6.2023, out of which she got pregnant and report was lodged on 28.12.2023 (VIJAY KUMAR SHUKLA) JUDGE when the relatives noticed about the pregnancy.

2. Counsel for the applicant submits that there is delay of 6 months in lodging the FIR and there is no explanation regarding delay. The prosecution has not recorded the statement of prosecutrix under section 164 Cr.P.C. Applicant is in jail since 30.12.2023. Chargesheet has already been filed and applicant is not required for further custodial interrogation.

3. Counsel for the State opposes the prayer for grant of bail.

4. After hearing learned counsel for parties and taking into consideration that there is delay of 6 months in lodging the FIR and there is no explanation for delay and apart from that the statement of prosecutrix under section 164 Cr.P.C. has not been recorded, 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.

5. It is directed that Applicant- Dharmendra 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.

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.

C.c. as per rules. MK Signature Not Verified Signed by: MUKTA KOUSHAL Signing time: 4/15/2024 5:43:01 PM