Aakash vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.451/2019 registered at Police Station Kasrawad, District Khargone (MP) for offence punishable under Sections 363, 366, 344 and 376 (2) (n) of

the Indian Penal Code, 1860 and also under Sections 5-L and 5-J (II) K read with Section 6 of the Protection of Children from Sexual Offence Act,

2012.

The applicant is in custody since 04.09.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding abduction, inducement, wrongful confinement and

commission of rape on the pretext of marriage, the case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is in custody since 04.09.2019. The investigation is over and charge sheet has

already been filed. The prosecutrix and her mother have already been examined before the trial Court on 23.01.2020 and they have not stated any

thing against the applicant and turned hostile. It is further submitted that even MLC Report of the prosecutrix is silent about any injury on her person

or any sign of struggle. Under these circumstances, no offence under the above mentioned sections is made out against the applicant. The trial of the

case will take considerable time. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on bail. Under these

circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is

made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal

bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her

regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and

shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.