JUDGEMENT
RAJEEV KUMAR DUBEY, J. -
(1.)I n the absence of learned counsel for the applicant, the matter is considered on the basis of averments made by applicant in the petition.
Case diary perused.
(2.)This is the first application under Sec. 439 of the Cr.P.C. for grant of bail. Applicant Sabbeer @ Baseer was arrested on 18/11/2021 in connection with Crime
No.366/2020 registered at Police Station Chitrangi, District Singrauli for the
offence punishable under Ss. 366, 376, 450, 323, 506 of the IPC.
A s per prosecution case on 16/09/2020 in the night at around 12:00 O'clock when prosecutrix was alone at her house located at village Chitrangi, applicant entered into her house and committed rape with her.
(3.)The applicant has averred in his petition that he is innocent and has falsely implicated in the case. The applicant has been in custody since 18/11/2021 and
conclusion of trial will take time, hence prayed for release of the applicant
on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant committed rape with the prosecutrix on 16/09/2020 and for the first time Police arrested the applicant on 18/11/2021, so he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the prosecutrix was major, the alleged incident is said to have occured on 16/09/2020, while prosecutrix lodged the report on 24/09/2020, the applicant has no criminal past, he is in custody since 18/11/2021, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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