Arjun Singh vs State Of Madhya Pradesh And Others

Sunita Yadav, J

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dehat, District Ashoknagar in conneaction with crime No. 753/2022 registered for the offence punishable under Section 363, 366-A, 343, 376 (3), 376 (2)(N) of IPC and section 5L / 6 of POCSO Act.

Allegations against the applicant/accused, in short, are that he abducted the prosecutrix and committed rape upon her.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that entire prosecution story is suspicious because as per school record age of the prosecutrix was shown to be 14 years at the time of incident, however, during investigation her ossification test was conducted and her age was found between 17-18 years. He further argued that prosecutrix is got missing on 09/12/2022 and recovered on 16/12/2022 and in between this period she travelled with the applicant in different places by public transport, but during that period she never raised any alarm or tried to escape from the custody of the applicant. He further argued that there are material variations in the statement of the prosectutrix recorded under section 164 of Cr.P.C. and her police station recorded under section 161 of Cr.P.C. The applicant is in custody since 16/12/2022. Charge sheet has since been filed and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Etawah (U.P.).

Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall 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/her;

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

3 ) The applicant will not indulge himself/herself 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 any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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.