Arjun Kewat vs State Of Madhya Pradesh

J.P.Gupta, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 9.11.2020 in connection

with Crime No. 116/2020 registered at p0lice station Shivpur, District Hoshangabad for the offence punishable under Sections 363, 366, 376(2)(n) of

IPC and Section 5(Tha) and 6 of POCSO Act.

Allegation against the applicant is that he kidnapped and committed repeatedly rape with the prosecutrix who was minor as her age was near about 17

years at the time of the incident.

It is submitted that the applicant is innocent. He is in custody since 9.11.2020. Charge sheet has been filed. Trial will take time. In the statement of

prosecutrix recorded under Section 164 of Cr.P.C., she has categorically stated that she went herself with her own will with the applicant and there is

no allegation that the applicant committed sexual intercourse with her and prosecutrix is a major girl. There is a very marginal difference about her

minority and there is no sound evidence with regard to proof of the age of prosecutrix, therefore, the case of the prosecution is not very strong and the

applicant has no criminal antecedent. There is no likelihood of his absconding or tampering with the witnesses. Hence, he be enlarged on bail.

Learned P.L., opposed the application and prayed for rejection of the same. Having considered the contentions of learned counsel for the parties,

facts and circumstances of the case, perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case

to grant bail. Hence, this application is allowed. Applicant Arjun Kewat is directed to be released on bail on his furnishing a personal bond in a sum of

Rs. 40,000/- with a solvent surety in the like amount to the satisfaction of the trial court for appearance before the trial Court on the dates so fixed by

that Court during trial.

It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.

Certified copy as per rules.