Deepak vs State Of Madhya Pradesh And Others

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 28.10.2022 in connection with Crime No.252/2021 registered at Police Station Bhanpura, District Mandsaur (M.P.) for commission of offence punishable under Sections 363, 366, 376(2) (n), 376(3) of IPC and Sections 5(l)/6 and 5(j)/6 of POCSO Act.

Prosecution case, in brief, is that on 09.10.2022 applicant abducted a minor prosecutrix, aged about 15-16 years and thereafter committed rape upon her repeatedly.

Learned counsel for the applicant submits that the prosecution has failed to produce any document with regard to the age of the prosecutrix. The school Scholar Register entry produced on record is of 8th standard. Prosecutrix in her statement recorded during investigation under Section 164 of Cr.P.C. has admitted that she voluntarily went with the applicant and they have solemnized marriage. They have blessed with a baby girl also and has lived together. Prosecutrix's mother also stated so. No offence is made out against the applicant. His custodial trial is not required. Therefore, he be released on bail.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions, material produced on record and the fact that the applicant and the prosecutrix both are solemnized marriage and are living together and considering the statements of the prosecutrix and her mother recorded under Section 164 of Cr.P.C.and also considering the overall material produced on record, this Court is of the view that 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.

This application is allowed and stands disposed of.

Certified copy, as per Rules.