Anil Kumar Owr vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 55/2013 registered at Police Station, Manpur, Sheopur, District Sheopur (M.P.), for the offence punishable under Sections 363, 366-A, 376 of IPC., section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act., and Section 4 of Protection of Children from Sexual Offence Act.

As per prosecution case, on 04.06.2013, daughter of the complainant went to answer the natural call but did not return. Complainant searched but could not be traced then the information was given to the police. During inquiry, it was found that applicant took away the daughter of the complainant for marrying with her. The daughter of the complainant was traced and she disclosed that the applicant took her to Jhansi and Bhopal and committed rape with her.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated. The prosecutrix is the consenting party. It is further submitted that as per voter list of village Gothra, Sheopur, District Sheopur, the prosecutrix name finds place at Sr. No. 21, which reflects her age to be 19 years. Applicant is in custody since 09.06.2013. Trial will take some time. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

Considering the fact and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves 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;

The applicant shall not commit an offence similar to the offence of which they are accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.