Akash Nayak vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the CrPC for grant of bail relating to FIR No. 394 of 2023 registered at Police Station Dehat, District Sheopur (M.P.) for the offence under Sections 363, 366-A, 368, 376 of IPC and Section 3/4 of POCSO Act and Section 10,11 of the Prohibition of Child Marriage Act.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. Allegedly, prosecutrix got missing on 13.12.2023 and was recovered on 28.12.2023. In her statement under Sections 161 and 164 Cr.P.C. she has specifically stated that she wanted to marry with present applicant, however, her parents fixed her marry with some other person, therefore, she left her house on her own volition, therefore, question of abduction does not arise. Further submission is that as per statement of prosecutrix she was lived with the present applicant as wife. No definite opinion about rape is given in medical report. Further submission is that she has solemnized marriage with the present applicant. Applicant who has no criminal antecedents is in custody since 29.12.2023. Applicant is the permanent resident of Village Hanotiya Police Station Simliya District Kota (Rajasthan) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, learned counsel prays for grant of bail to the applicant.

Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.

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.25,000 (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal 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 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 shall not commit an offence similar to the offence of which he/she is accused;

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.