IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 4^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 51254 of 2022 BETWEEN:-

SHIVPATI KUSHWAHA, S/O GOPAL KUSHWAHA, AGED ABOUT 25 YEARS, OCCUPATION: AGRICULTURE, R/O VILLAGE FARHADA, P.S.

LAUR, DISTRICT REWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI M.P.TRIPATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION LAUR DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAVINDRA SINGH RAJPUT - PANEL LAWYER)

This application coming on for admission this day, the court passed the following:

ORDER

This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.

The applicant is in custody since 24.08.2022 in connection with Crime No.253/2022, registered at P.S.- Laur, District Rewa (M.P.) for the offence punishable under Sections 376 and 506 of IPC.

A s per prosecution story, on 20.06.2022, prosecutrix moved an application in writing alleging therein that on 31.05.2022 she had gone to her elder sister's house and had stayed there for a day. Next morning on Signature Not Verified Signed by: JASLEEN SINGH

01.06.2022 at around 8:00 AM she alongwith the younger brother -in-law of her sister riding on motorcycle was going to village Khaira for bringing another sister's children. On the way to elder sister's house, applicant took her into a forest and committed rape upon her and thereatened that if she disclose this incident to anyone, he will eliminate her. FIR was registered. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It was further submitted that marriage was fixed between applicant and prosecutrix, but on 26.04.2022 prosecutrix left her father's home, due to which pre marriage ceremonies could not be performed. Prosecutrix could be detected after one month of the incident. After her coming back to home, prosecutrix's father and sister were pressurizing applicant to enter into wedlock with the prosecutrix, but he and other members of the family refused to enter into wedlock with such girl. Therefore, a false case has been registered. Applicant has no criminal background. Therefore, it has been prayed that applicant be released on bail.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the applicant/accused and has prayed for dismissal of the bail application.

In this case, FIR has been lodged almost after delay of 10 days or more.

After investigation, charge sheet has been filed. Therefore, having taken into consideration the arguments advanced by learned counsel for the applicant and other material avilable on the record, I am of the view that applicant/accused may be released on bail. Therefore, this first bail application under Section 439 Signature Not Verified Signed by: JASLEEN SINGH of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

I t 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 concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by his;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an