Deendayal Kherua vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 18/08/2020 in connection with Crime No.106/2020 for offences registered under Sections 363, 366, 376(2)(N) of IPC and section 5 & 6 of POCSO Act, police station Sultanpur, District Raisen.

Allegation against the applicant/accused is that he kidnapped and committed repeated rape with the prosecutrix and the prosecutrix was near about 17 years and 6 months old.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 18/08/2020. Charge sheet has been filed and trial will take time and in the statement under section 164 of the Cr.P.C the prosecutrix has categorically stated that she fall in love with the applicant and went with her own will and solemized marriage and sexual intercourse also taken place with her consent and residing with her. So far age of the prosecutrix is concerned, there is no conclusive proof of the age and she might be 18 years old at the time of incident. In the circumstance, the applicant's further custody is not warranted. Hence he be enlarge on bail.

Learned PL for the respondent/State has opposed the application and prayed for its rejection.

Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Deendayal Kherua be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a 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 and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rules.