Dinu @ Dinesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No. 863/2021 registered at Police Station - Khargone District Khargone (MP) for offence punishable under Sections 363, 344,366, 376, 376(2)(n) of IPC and 3/4, 5(L)/6 of POCSO Act. The applicant is in custody since 01/02/2023.

The allegation against the applicant is that abduction and commission of rape.

Counsel for the applicant has submitted that the age of the prosecutrix is disputed and she has resided with the applicant for a period around two years which is also reflected in the statement of the prosecutrix recorded under Section 164 of Cr.P.C which is placed on record in which the prosecutrix has given a clean chit to the applicant. Applicant is in jail since 01/02/2023 and final conclusion of trial will take sufficient long time. Hence, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the record and the statement of the prosecutrix recorded under Section 164 of Cr.P.C., this Court finds force with the contentions raised by the learned counsel for the applicant. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed.

The applicant is directed to be released on bail upon furnishing a 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 Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

The M.Cr.C. stands allowed.

Certified copy, as per rules.