Balram @ Ballu vs State Of MP

Satyendra Kumar Singh, J

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 28/7/2021 in connection with Crime No.268/2021 registered at Police Station Suvasara District Mandsaur for commission of offence punishable under Sections 363,305,354(A),354(D) and 201 of IPC and Sections 11,12,13,14, and 15 of the POCSO Act.

Prosecution story, in brief, is that applicant knowing the fact that prosecutrix is a minor girl aged about 17 years and 4 months made relation with her and obtained obscene photographs and videos. Thereafter blackmailed and harassed her mentally and physically, due to which she committed suicide by jumping in a well.

Learned counsel for the applicant submits that initially a missing report was lodged on 21/7/2021 and thereafter dead body of the prosecutrix/deceased was found in a well and then statement of the parents of the deceased were recorded and offence was registered on 26/7/2021. As parents lodged the missing report against unknown persons, therefore, the fact that deceased told about the act of the applicant to them is not believable. Charge sheet has been filed in the matter and messages said to be recovered from the mobile of the applicant, do not disclose any fact on the basis of which it can be inferred that applicant blackmailed the deceased or harassed her mentally and physically. Applicant and deceased were in love affair with each other which is apparent from the record of prosecution. Parents of the deceased were against the relation of applicant and deceased due to which she committed suicide. Applicant has been falsely implicated in the matter. Applicant is in custody since 28/7/2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State as well as learned counsel for the objector/complainant vehementally opposes the application and submitted that prosecutrix/deceased was a minor girl at the time of incident and chat recovered from applicant's mobile shows that applicant was not responding to the messages of the deceased and she was not happy with him. There is ample evidence against the applicant, therefore, looking to the nature of the offences alleged against the applicant, he is not entitled for bail.

Having considered the rival submissions, material produced on record specially the copy of photographs and chatting said to be recovered from applicant's mobile and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules..