Deepu Kushwah vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 24.08.2021 in connection with Crime No.250/2021 by Police Station Bagchini, District Morena for the offence

punishable under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act.

A s per prosecution story, on 07.08.2021 father of the prosecutrix Makhan Singh lodged a missing report about his daughter aged about 17 years 4

months alleging that she has eloped with some unknown person. On his report, crime under Section 363 of IPC was registered. Later on, she was

recovered on 21.08.2021 from Morena. Her statement was recorded and in her statement she has stated that she is 17 years 4 months old. On

07.08.2021 at 1 pm without informing any family members, she went to Bagchini. She telephoned to the present applicant to come and take her with

him. He told that he has no time then she forcibly again told him to come. Thereafter, the applicant came there and she along with him by taxi went to

Morena, thereafter to Gwalior and later on by bus they went to Poona. They stayed at Poona for three days. Family members of the applicant

telephoned at Poona but they were having no money, that's why they stayed there for 3-5 days. Then the prosecutrix telephoned to her borther Ravi to

deposit money in her account. Thereafter, she along with applicant returned to Morena. During this period, the applicant has not committed any

unlawful act or outrage her modesty. Thereafter, Sections 366 and 376 of IPC and Section 5/6 of POCSO Act were enhanced. The applicant was

arrested on 24.08.2021 and after investigation, charge-sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is in jail since 24.08.2021. The

applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to

the applicant.

Learned counsel for the State vehemently opposed the application and prays for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application

should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand

only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before

the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.