Arun vs State Of Madhya Pradesh

Anil Verma, J

Learned Pl for the respondent-State informs that notice has duly been served upon the prosecutrix.

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 610/2022 registered at P.S - Manawar, District-Dhar (M.P.) for the offence under sections 363, 366, 376 376(2)(n), 376(3), 344, 506 of IPC and sections 3 / 4 and 5(L)/6 of POCSO Act.

2/ As per prosecution story, on 23/05/2022, father of the prosecutrix lodged missing person report at police station – Manawar, District – Dhar stating that his minor daughter / prosecutrix is missing from home. During investigation, it was gathered that on the pretext of marriage, present applicant abducted the prosecutrix and took her with him to Gujarat where he repeatedly committed rape upon her. Accordingly, the aforementioned offence has been registered against the applicant.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over and charge-sheet has been filed. Prosecutrix (PW-1) has been examined before the trial Court and she has turned hostile and did not state anything against the applicant in respect of the aforementioned offence. Applicant is in custody since 21/02/2022 and permanent resident of District-Dhar. . Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4/ Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that prosecutrix (PW-1) has been examined before the trial Court and she has turned hostile; she categorically stated in her statement that present applicant neither abducted, nor committed rape upon her; in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,

Certified copy, as per Rules.