Amit Balmik vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.438 Cr.P.C filed by the applicant for grant of bail.

The applicant apprehends his arrest in connection with Crime No.79/2022 by Police Station City Kotwali District Bhind (MP) for the offence punishable under Sections 363, 368, 376, 376(2)(n) and 5/6 of POCSO Act.

In brief, the prosecution case is that on 03.03.2022 at 1:00 pm, father of prosecutrix lodged a report at Police Station Kotwali District Bhind that since 1 03.03.2022 at 3:00 am, his daughter aged about seventeen years and eleven months went missing, who was sleeping alongwith her mother. He searched here and there, but could not trace her. He has a doubt that co-accused Rohit Balmik persuaded her to go with him. On his report Crime No.79/2022 for the offence punishable under Sections 363 IPC was registered against unknown person. Gum Insaan was recorded. During investigation, prosecutrix was recovered on 11.03.2022. Her statement was recorded in which she has stated that she has studied upto 8th standard. She has four sisters and one brother. From last one year, she was talking with co-accused Rohit who was her neighbour. When this fact came into knowledge of her mother, she stopped talking with co-accused. Co-accused inquired from prosecutrix that why she stopped talking with him and also threatened her to marry. Due to her threatening, she sat on her motorcycle. They went to one temple where coaccused Rohit filled "maang" of prosecutrix and took her to Orriya where they resided in a rented house like husband and wife. Co-accused committed sexual intercourse with her. Police rescued her, thereafter she was sent for medical examination. Sections 368, 376 of IPC and 3/4 of POCSO Act were enhanced. During investigation, statement of procesutirx under Section 161 of CrPC was recorded. In her statement, she has nowhere alleged against present applicant accused-Amit Balmik. Thereafter, in her statement recorded under Section 164 CrPC on 14.03.2022, she has stated that alongwith accused Rohit his elder brother present applicant accused- Amit Balmik also came on motorcycle. They forcibly seated her on motorcycle and took her towards Oriya, Etawah.

From the side of applicant-accused it is submitted that applicant is innocent and he has been falsely implicated in the offence. In FIR, nowhere allegation has been levelled against present applicant-accused. Besides this, when prosecutrix was rescued, her statement was recorded in which also she has nowhere alleged that present applicant-accused alongwith co-accused Rohit came on the place of occurrence and forcibly took her. For unknown reason, thereafter in her statement recorded under Section 164 CrPC, she alleged against present applicant-accused. Applicant is pursuing job at Maharashtra. On such premises, learned counsel for the applicant prayed for grant of anticipatory bail.

Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection on the ground that in the statement of prosecutrix recorded under Section 164 CrPC, prosecutrix has alleged against present applicant.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest the applicant shall 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 of the like amount to the satisfaction of Investigating Officer/Arresting Authority.

The applicant shall further abide by all other conditions as enumerated in sub-section(2) of Section 438 of CrPC.

Certified copy as per rules.