Dayaram vs State Of Madhya Pradesh And Others

Prem Narayan Singh, J

Heard and perused the record.

This first bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No.37/2024 dated (not mentioned), registered at Police Station-Susner, District-Agar Malwa (M.P.) for the offence under Sections 363, 366, 376(2)(n) of IPC & under Section 3/4 and 5(L)/6 of POCSO Act. The applicant is in custody since 29.02.2024.

As per prosecution story, the allegation against the applicant is that he has committed rape upon the minor prosecutrix.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. It is further submitted that the age of the prosecutirx is aged about 16 years and 09 months. The prosecutrix was a consenting party and she eloped with the applicant on 13.02.2024, report was lodged on 15.02.2024, they both resided with each other for 15 days and could be recovered on 22.02.2024. It is also submitted that earlier they both got married and a certificate of Secretary of Gram Panchayat has also been filed in this regard. The applicant is in jail since 29.02.2024 and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

On the other hand, learned counsel for the State opposed the prayer.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case, accusation as well as custody period of the applicant and statements of the prosecutrix, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that the applicant/accused be released on bail subject to furnishing Cash security of Rs.25000/- before the trial Court as well as on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.