Dinesh vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is second bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Dinesh was arrested on 21/12/2020 in Crime No.428/2020

registered at Police Station Baldevgarh, Distt. Tikamgarh (M.P.) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 3/4

and 17 of the POCSO Act.

Earlier bail application of the applicant was dismissed as withdrawn by this Court with liberty to file afresh after recording the statement of the

prosecutrix vide order dated 27/2/2021 passed in MCrC no.8758/2021.

As per prosecution case, on 17/12/2020, applicant abducted the prosecutrix who was minor on the pretext of marriage thereafter he sexually exploited

her.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The

statement of the prosecutrix has been recorded by the trial Court. She turned hostile and did not support the prosecution story. The applicant has been

in custody since 21/12/2020. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that the applicant abducted the minor girl and sexually exploited her, so he

should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the statement of the prosecutrix has been recorded by the trial Court and the

applicant is in custody since 21/12/2020, charge sheet has been filed and conclusion of the trial will take time, without commenting on merits of the

case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/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 the pendency of trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.