Anand Chouhan vs State Of Madhya Pradesh And Others

Prem Narayan Singh, J

Heard and perused the record.

This is fourth application has been filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relation to FIR No.982/2023 dated (not mentioned) registered at Police Station-Dhamnod, District-Dhar (MP) for offence punishable under Sections 363, 366, 376, 376(3) & 450 of IPC and Sections 3 & 4 of POCSO Act. The applicant is in custody since 03.12.2023. Earlier three bail applications were dismissed as withdrawn. vide order dated 16.04.2024 passed in M.Cr.C. No. 9000/2024.

Learned counsel for the applicant submitted that the marriage of sister of the applicant is scheduled on 28.04.2024. A marriage invitation has also been filed in this regard. Further, it is submitted that the prosecutrix has not supported the prosecution case, despite that the applicant is in jail. It is also submitted that the applicant is ready to furnish a cash security of Rs.50,000/-and also prepared to obey the instructions of Court. Hence, interim bail may be granted to the applicant for a period of two months.

Learned counsel for the State opposes the prayer, however, it is fairly submitted that as per the invitation card, the father of the applicant's sister and applicant, is same and marriage is scheduled on 28.04.2024.

I have heard learned counsel for the parties and have perused the case diary.

In view of the aforesaid submissions and on perusal of the marriage invitation filed on record so also the marriage of applicant's sister is scheduled on 28.04.2024, this Court is inclined to allow the present temporary bail application for a period of 15 days from the date of his release.

It is directed that the applicant be released on temporary bail for a period of 15 days from the date of his release after verification of applicant's sister marriage by the trial Court and upon furnishing a cash security in the sum of Rs.50,000/- (Rs. Fifty Thousand only) before the trial Court by way of fixed deposit in a nationalized bank and upon furnishing bail 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 for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C..

It is made clear that after having been completed the aforesaid period, the applicant may surrender before the Trial Court, failing which the concerned trial Court is having liberty to arrest the applicant in accordance with law. It is also made clear that after surrendering the applicant before the Court the cash security may be withdrawn by the concerning person as per rules from the trial.

Certified copy as per rules.