Deepak vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first bail application filed by the applicant under Section 439 of Cr.P.C.

Applicant Deepak was arrested on 27/5/2021 in Crime No.275/2021 registered at Police Station Pandhana, District Khandwa (M.P.) for the offence

punishable under Sections 363, 366, 376(2)(N) of the IPC and Section 3/4 & 5/6 of POCSO Act.

A s per prosecution case, on 25/5/2021, applicant abducted the prosecutrix who was minor and took her to Pandhana then Khandwa where he kept

her and sexually exploited her on the pretext of marriage.

Learned counsel for the applicant submits that the applicant has not committed a n y offence and has falsely been implicated in the offence.

Prosecutrix was illiterate and there is no documentary evidence on record regarding her age. According to ossification test report approximate age of

the prosecutrix is 19 years, which shows that at the time of incident prosecutrix was major and prosecutrix in her statement also admitted that she

went with the applicant on her own will. The applicant has been in custody since 27/5/2021 and the conclusion of trial will take time, hence prayed for

release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that the applicant abducted the minor girl, so he should not be released on

bail.

Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that the applicant is in custody

since 27/5/2021 and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the

applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount

to the satisfaction of the concerned C.J.M/trial 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.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.