Devraj S/O Bapulal vs State Of Madhya Pradesh

S.K. Awasthi, J

This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail has been filed by applicant, who is implicated in connection with Crime No.233/2020 registered at Police Station Dehat Biaora, District Rajgarh (MP) for offence punishable under under Sections 363, 366, 376 (2) (n) and 376 (3) of Indian Penal Code, 1860 and also under Section 5 read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 31.07.2020.

As per prosecution story, on 25.07.2020, father of the prosecutrix lodged missing person report regarding his daughter, who was not found for last one day. The Police registered the case. Thereafter, she was recovered. During investigation, police recorded statement of the prosecutrix and her family members. On the basis of the allegations made by the prosecutrix regarding abduction, inducement and commission of rape on the pretext of marriage, the case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is in custody since 31.07.2020. His mother Shantibai has expired on 04.10.2020 and last rites of 13th ceremony is to be taken place on 15th October, 2020 and being the only son, the presence of the applicant is necessary in the aforesaid ceremony. Therefore, learned counsel for the applicant prays for grant of temporary bail to the applicant for a period of fifteen days.

On the last date of hearing i.e. 09.10.2020, learned Panel Lawyer for the non applicant / State of Madhya Pradesh was directed to verify the factum of death of mother of the applicant; and submit its report on the next date of hearing positively.

According to the report received from the Station House Officer, Police Station Biaora, District Rajgarh (MP), the factum of death of Shantibai, mother of the applicant, has been duly verified.

Looking to the death of mother of the applicant, it would be appropriate to grant temporary bail to the applicant for a period of one week.

Accordingly, without expressing any opinion on the merits of the case, Miscellaneous Criminal Case No.39596/2020 is allowed. It is directed that applicant Devraj s/o Bapulal shall be released on temporary bail for a period of one week from the date of his release, subject to furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the concerned trial Court, with an undertaking that he / she will surrender immediately after completion of one week from the date of his / her release.

A copy of this order be sent to the Court concerned for compliance.

C. c. as per rules.