Bharat @ Avinash 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 18.8.2021 in connection with Crime No.481/2021 registered at Police Station Rau District Indore for commission of offence punishable under Sections 363,366,376(2)(N) of IPC and under Section 5(L) and 6 of the POCSO Act.

Prosecution story, in brief, is that applicant kidnapped/abducted the minor prosecutrix aged about 17 years and 10 months and committed sexual intercourse with her repeatedly.

Learned counsel for the applicant submits that prosecutrix, aged about 17 years and 10 months, herself stated in her statement recorded under Section 164 of Cr.P.C that she has passed 12th class examination and she willingly went with the applicant and wanted to marry the applicant. No case is made against the applicant. Applicant has been falsely implicated in the matter. He is in custody since 18/8/2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposed the application and submits that prosecutrix was minor at the time of incident, therefore, the applicant is not entitled for bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, statement of the prosecutrix recorded under Section 164 of Cr.P.C 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.