ANIL SEN v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. ANIL SEN v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4680 of 2024 BETWEEN:- ANIL SEN S/O SHRI RAMBHROSA SEN, AGED ABOUT 32 YEARS, NEAR OF RADHA KRISHNA MANDIR MOHRI RAI TEHSIL DISTRICT ASHOKNAGAR (MADHYA PRADESH) ..... APPLICANT (SHRI ANIKET BHADORIA, LEARNED COUNSEL FOR THE PETITIONER) . AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION DEHAT DISTRICT ASHOKNAGAR M. P. (MADHYA PRADESH) ..... RESPONDENTS ( SHRI DINESH SAVITA- P. L. - APPEARING ON BEHALF OF ADVOCATE GENERAL). This application coming on for admission hearing this day, th e court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to FIR No. 07 of 2024 registered at Police Station Dehat, District Ashoknagar (M. P. ) for the offence under Sections 376, 376 (2) (n) and 506 of IPC.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that allegedly the applicant committed sexual assault upon the prosecutrix between 30/01/2023 to Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM 30/06/2023 on various occasions, however, FIR was lodged on 06/01/2024 with delay of six months and no plausible explanation has been put forth by the prosecution in regard to delay in lodging FIR. She is a major woman aged about 38 years. At the most, this is a case of consensual sexual relationship. The applicant is in custody since 07/01/2024 and he has no criminal antecedents. Investigation is nearing completion and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Ashoknagar.
Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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.
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 him; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE Durgekar Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.