Dhanraj vs Indore Municipal Corporation And Others

Rajeev Kumar Shrivastava, J

The applicant has filed this second application under Section 439 Cr.P.C.

for grant of bail.

Applicant has been arrested on 14/03/2022 by Police Station Kotwali District Guna (M.P.) in connection with Crime No. 116/2022 registered for offence under Sections 363, 366, 376(3), 376(2)(N) of the IPC and Section 5/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act.

It is submitted by learned counsel for the applicant that applicant has falsely been implicated in this case and he is in custody since 14/03/2022. Earlier application was dismissed as withdrawn at the very outset. Now, investigation is complete and charge sheet has been filed. The prosecutrix is aged around 16 years. The case is of consent and they were living together as husband and wife. Thereafter, opposition was made by family members of the prosecutrix and present FIR has been lodged. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the prayer and has submitted that offence registered under Sections 363, 366, 376(3), 376(2)(N) of the IPC and Section 5/6 of the POCSO Act and Section 3(2)(V) of the Sc/St Act and age of the prosecutrix is 16 years . Hence, prayed to reject this application filed for grant of bail to the applicant.

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

Considering the arguments advanced by learned counsel for the parties along with facts & circumstances of the case and the fact that trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be forfeited;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy today.