IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT th ON THE 25 OF JULY, 2024 MISC. CRIMINAL CASE No. 31055 of 2024 LALAN PANIKA @ RAMBHUVAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Akhil Singh - Advocate for applicant.

Shri Y.D.Yadav - Govt. Advocate for respondent-State.

ORDER This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant for grant of regular bail relating to FIR No.09/2024, registered at Police Station-Beohari District- Shahdol (M.P.) for the offence punishable under Sections 450, 376, 376(2)

(n) & 506 of IPC.

2. Learned counsel appearing for applicant submitted that applicant is in jail since 25.01.2024. It is submitted that applicant is innocent and has falsely been implicated in the case. Prosecutrix was consenting party. She is a married woman. It is further submitted that there is long delay in lodgijng of FIR i.e. about 8 months. In these circumstances, applicant may be enlarged on bail.

3. Learned Government Advocate appearing for the respondent/State opposed the application for grant of bail. It is submitted that reason of delay Signature Not Verified has been explained. Police refused to lodge FIR, therefore, delay occurred.

4. Heard the learned counsel for the parties.

5. As to why Police registered the FIR on second occasion is also not explained by prosecution. There is long delay of 8 months in lodging of FIR.

6. Considering aforesaid circumstances of the case, without commenting on merits of the case, bail application filed by the applicant is allowed. It is directed that applicant shall be released on bail on furnishing a bail 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 Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 480 (3) of B.N.S.S. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which the is accused, or suspected of the commission of which they are suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. C.C. as per rules.

Signature Not Verified (VISHAL DHAGAT)

JUDGE nd Signature Not Verified