Abhay Singh vs State Of Madhya Pradesh And Others

Satyendra Kumar Singh, J

With consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 14.03.2022 in connection with Crime No.152/2022, registered at Police Station Gogawa, District Khargone (M.P.) for commission of offence punishable under Section(s) 363, 366, 368, 376, 376(2)(N), 376(3), 376(D), 506 of IPC & Section 3/4, 5L/6 of POCSO Act & 3(2)(V), 3 (1)(W) (i) of SC/ST Act.

Prosecution story, in brief, is that on 13.03.2022, applicant kidnapped/abducted the minor prosecutrix aged about 17 years with the assistance of co-accused and thereafter committed rape upon her.

Learned counsel for the applicant referring copy of the statement of prosecutrix recorded under Section 164 of the Cr.P.C. wherein it is apparent from her statement that she had voluntarily gone with the applicant and was major at the time of incident, hence no offence is made out against the applicant. It is further submitted that applicant is a student of B.Tech, Mechanical Engineering, Semester IV and his examination is scheduled from 04.06.2022 to 17.06.2022. Admit Card in that regard has also been annexed with the application. He is in custody since 14.03.2022. Investigation is complete and chargsheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submits that applicant does not deserve to be enlarged on bail.

Having considered the rival submissions, statement of the prosecutrix recorded u/S.164 of the Cr.P.C. and also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.