IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 5^th OF JULY, 2022 MISC. CRIMINAL CASE No. 32316 of 2022 Between:-

GOLU @ GENDLAL VERMAN S/O MURLI VERMAN , AGED ABOUT 22 YEARS, OCCUPATION: PRIVATE JOB WARD NO. 23, PURANI BASTI, DHANPURI, POLICE STATION DHANPURI DISTRICT SHAHDOL M.P. (MADHYA PRADESH)

.....APPLICANT (BY SHRI B.K. MISHRA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION MAHILA THANA SHAHDOL DISTRICT SHAHDOL M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI V.P. TIWARI - GOVERNMENT ADVOCATE)

This application has come up for hearing on this day, the court passed the following:

ORDER

This is first bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 02.06.2022 in connection with Crime No.47/2022 for offence under Sections 376, 376(2)(n) of the Indian Panel Code registered at Police Station-Mahila Thana, Shahdol, District-Shahdol (M.P.).

Learned counsel appearing for applicant submitted that applicant was having love affair with another woman, therefore, prosecutrix had filed false report against applicant. Prosecutrix is major aged about 22 years. Applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 02.06.2022. Charge-sheet in the case has already been filed and investigation in the case is complete. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these ground, he prayed that applicant may be enlarged on bail. Learned Government Advocate appearing for State opposed the application for grant of bail. It is submitted by him that allegation of rape is made against the applicant which is serious in nature, therefore, he prayed for rejection of bail application.

Heard the counsel for the parties.

Considering the facts and circumstances of the case, and the period of custody of applicant and completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant-Golu @ Gendlal Verman be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

The applicant shall abide by the following conditions of Section 437 (3)

of Cr. P. C. 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 he is accused, or suspected of the commission of which he is 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT)

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