Dharmendra vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.51/2024 dated (not mentioned) registered at Police Station - Shujalpur City, District Shajapur (M.P.) for commission of offence punishable under Sections 366, 376(2)(n) of IPC alongwith 5/6(L) of the Protection of Children from Sexual Offences Act.

Prosecution story, in brief, is that at the time of incident, prosecutrix was below 17 years of age. Prior to the incident prosecutrix and the applicant were known to each other. On 19.2.2024 the prosecutrix called the applicant and met him at Abme Mata Temple. Thereafter, both of them went to Petlawada by motorcycle. The prosecutrix and the applicant went to Dewas and solemnized marriage in a temple. Both of them lived together till 7.3.2024. Meanwhile, the applicant committed rape upon her repeatedly. The prosecutrix was recovered on 7.3.2024.

3 . Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case. It is submitted that the prosecutrix herself left her home and went with the applicant voluntarily. It is submitted that the prosecutrix was consenting party for sexual intercourse and she was major lady. The applicant is in custody since 8.3.2024. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.

4 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for its rejection.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail hence, the application is allowed.

It is directed that the applicant - Dharmendra shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned 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 pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.