Brajesh Vs The State of Madhya Pradesh On 2 September, 2014

Brajesh vs The State Of Madhya Pradesh on 2 September, 2014
Madhya Pradesh High Court


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M.Cr.C
No.13314/2014
02

Shri Prashant
Chourasia, Advocate for the petitioner.

Shri Yogendra Das
Yadav, Panel Lawyer for respondent/State.
 This is an
application for bail under section 439 of Cr.P.C. for offence under Sections 376 of IPC in connection
with Crime No.519/2014 registered at Police Station Sarni District Betul
 According to
prosecution on 25/07/2014 prosecutrix aged 22 years lodged FIR making allegation of rape against
the petitioner saying that since last about 7 months he committed rape on her under false promise of
marriage. Learned counsel for petitioner submits that FIR
registered after about 7 months in fact it is case of consent by girl knowing every fact and truth. FIR
lodged under influence and pressure of parents because marriage could not be materialized and
prosecutrix got conceived. Learned counsel for
State submits that allegations are specific and serious.
Petitioner committed rape on prosecutrix under false promise of marriage concealing that he is
already married. In response, learned
counsel for petitioner submits that this fact was known to prosecutrix and petitioner and his family
members are taking steps for getting rid of earlier marriage but as per legal course. 
 Without commenting on merits of the case, on due consideration of the facts
and circumstances of the case, I deem it proper to grant bail to the petitioner with condition that in
Indian Kanoon - http://indiankanoon.org/doc/128531654/
the event of single absence in the trial proceedings, petitioner shall be liable for cancellation of this
bail order. Petitioner Brajesh
will be released on bail on his furnishing a personal bond in a sum of
Rs.30,000/- with a surety of like amount to the satisfaction of trial Court for his appearance in trial
Court on dates to be fixed by that Court during trial. This bail shall continue during the pendency of
the trial. In the event of jumping the bail, this facility will be withdrawn from petitioner. Provisions
of Section 437(3) Cr.P.C. shall apply to the petitioner. Certified copy as per rules. 
 (Tarun Kumar
Kaushal) 
Judge 
tarun
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Indian Kanoon - http://indiankanoon.org/doc/128531654/

Brajesh Vs The State of Madhya Pradesh On 2 September, 2014

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Brajesh vs The State Of Madhya Pradesh on 2 September, 2014

Madhya Pradesh High Court

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Brajesh vs The State Of Madhya Pradesh on 2 September, 2014

Indian Kanoon - http://indiankanoon.org/doc/128531654/

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