Deepali Pradhan vs State Of Madhya Pradesh And Others

Sanjay Dwivedi, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.0006/2022 dated (not mentioned) registered at Police Station Mahila Thana, District Chhatarpur for the offence under Sections 363, 344, 370, 370(1), 420, 34, 376(da) of IPC, section 11/12, 5G/6 of POCSO Act, section 5 of Immoral Traffic Prevention Act and section 3(1)(w)(ii), 3(2)(v) of SC/ST Act. The applicant is in jail since 21.04.2022.

Learned counsel for the applicant submits that prosecutrix has been examined but she has not supported the prosecution and declared hostile. As per prosecution, allegation against the present applicant was that she took away prosecutrix, aged about 14 years, with her and detained her at Chhatarpur and thereafter the present applicant, who is maternal aunty of prosecutrix, according to prosecution sold the prosecutrix to Kuldeep, who entered into marriage with her and thereafter prosecutrix had gone back to her parents. Under these circumstances, applicant be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer of bail.

Considering the arguments advanced by learned counsel for the parties, and looking to the allegation and statement of the prosecutrix and also period of custody i.e w.e.f. 21.04.2022, without commenting anything on the merits of the case, this application is allowed.

It is directed that applicant be released on bail upon her furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for her appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

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