Deepak vs State Of Madhya Pradesh And Others

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.247/2022 registered at P.S -Barwani, District- Barwani (M.P.) for commission of offence punishable under Sections 363, 366, 376(2)(n) of IPC and sections 3 / 4, 5L/6 of POCSO Act.

As per prosecution story, on 08/04/2022, complainant Shankar lodged missing person report at police station – Barwani by stating that his minor daughter/prosecutrix is missing from home since 08/04/2022. He tried to search for her, but could not find. During investigation, the prosecutrix was recovered and it was gathered that present applicant abducted and took her to several places and committed rape upon her. Accordingly, the aforementioned offence was registered and he was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The prosecutrix did not state anything against the applicant in her statement recorded under section 164 of Cr.P.C. The prosecutrix has no objection, if the applicant is released on bail. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required.. He is in custody since 24/05/2022 He is a permanent resident of District- Barwani. There is no apprehension of his fleeing away from the court of justice. He is sole bread earner in his family. Final conclusion of trial shall take sufficient long time. 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 – State opposes the bail application and prays for its rejection.

Learned counsel for the objector submits that the prosecutrix has no objection, if the applicant is released on bail

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the prosecutrix did not state anything against the applicant in her statement recorded under section 164 of Cr.P.C; she has no objection, if the applicant is released on bail; the applicant is in custody since 24/05/2022; investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs.Seventy Five 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.,

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.