Ashok vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 04.04.2022 in connection with Crime No.174/2022 for offence under Sections 363, 366, 376, 376(1), 376(2)(n) of the Indian Panel Code and Sections 5L/6 of the POCSO Act registered at Police Station-Khalwa, District-Khandwa (M.P.).

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 04.04.2022. It is further submitted that applicant is a young man aged about 22 years. He has love affair with prosecutrix who is aged about more than 17 year. Prosecutrix has attained sufficient maturity and on her own went outside the house and thereafter met with the applicant. Charge sheet in the case has already been filed and application is not required for custodial investigation. In this circumstances, counsel for applicant prays for grant of bail to the applicant.

Learned Government Advocate appearing State opposed the application for grant of bail. It is submitted by him that prosecutrix is minor and offence committed by applicant is serious in nature, therefore, bail application deserves to be dismissed.

Heard the counsel for the parties.

Considering the facts and circumstances of the case, and the period of custody of applicant and also the fact that charge sheet is filed, investigation is complete, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed.

It is directed that applicant-Ashok be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.