Dheeraj Mishra vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.198/2024 registered at Police Station Kanadia District Indore (M.P.) for offence punishable under Sections 363/366/376/376(2)(n)/506 of IPC and section 5(L)/6 of the Protection of Children from Sexual Offences Act 2012 and section 3(1)(w)/3(2)(v)/3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The applicant is in custody since 1.6.2024.

3] The allegation against the applicant is of abduction and rape.

4] Counsel for the applicant has submitted that the prosecutrix has resided witht he applicant for a period of around 28 and was a consenting party which is also stated by her in statement. It is further submitted that the age of the prosecutrix is also disputed and that the applicant is in jail since 1.6.2024 and the conclusion of trial will take sufficent long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State on the other hand has opposed the prayer.

6] On due consideration of submissions and on perusal of the case-diary as also the statement of the prosecutrix, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] Accordingly, the application is allowed and disposed of.

C.c. as per rules.