Biram vs State Of Madhya Pradesh And Others

Anil Verma, J

This is first application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 23/06/2021 in connection with Crime

No. 154/2017 registered at P.S.- Kalipith, District- Rajgarh (M.P.) for commission of offence punishable under Sections 363, 366, 376(2)(n) of IPC

and sections 5 /6 of POCSO Act.

As per prosecution story, on 26/08/2017, father of the prosecutrix/complainant lodged FIR and missing person report at PS â€" Kalipith regarding

missing of his daughter/prosecutrix. During investigation, the prosecutrix was recovered from the possession of the present applicant and she stated

before her parents and the police that on 25/08/2017, the applicant called her to the road and took her with him. They have solemnized marriage and

thereafter, committed rape upon her. On the basis of the report by the prosecutrix, the aforementioned offences have been registered against present

applicant.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. He is in jail since 23/06/2021.

He is permanent resident of District- Rajgarh and no apprehension of his fleeing away from the court of law. Final conclusion of trial shall take

sufficient long time. Learned counsel further contended that evidence of the prosecutrix has been recorded by the trial Court, but she has turned

hostile and not supported the prosecution case. Under the above circumstances, prayer for grant of bail may be considered on such terms and

conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent â€" State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary.

Statement of the prosecutrix recorded before the trial court is perused and it reveals that the prosecutrix has totally turned hostile and not supported

the prosecution case. She further stated in her statement that after being major, she solemnized marriage with present applicant and he has not

committed any rape with her.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also the fact that the

prosecutrix got married with present applicant and living with him as her wife and as she clearly stated that present applicant has not committed any

rape with her and possibility of delay in conclusion of the trial cannot be ruled out, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, present bail application is allowed and it is directed that applicant Biram be released on

bail on his furnishing personal bond in the sum of Rs.60,000/- (Rs. Sixty 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. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.,

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-

19 infections and shall comply with the directions issued by the Hon’ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.