Ganesh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Applicant has filed the first bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.529/2021 registered at Police-Station – Manasa, District–Neemuch (MP) for the offence punishable under Sections 363, 366-A, 376, 376(2)(n), 120-B of IPC r/w 5L/6 and 3/4 of POCSO Act and the applicant is behind the bars since 12.03.2023.

As per prosecution story, it is alleged that the prosecutrix who is minor had gone with co-accused Sumit and had married her and thereafter she gone to some other place with her friend Ravi.

Counsel for the applicant submits that applicant has been falsely implicated in the aforesaid offence. He further submits that the statement of prosecutrix has been recorded in which she has not even named the present applicant and there is no allegation against the applicant of any kind of offence committed by him with the prosecutrix and she has not made any allegation against him. The investigation has been completed and charge-sheet has been filed in the matter. The applicant is behind the bars since 12.03.2023 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Per contra, counsel for the State was also heard who has opposed the prayer on the ground that the age of prosecutrix is minor on the date of incident and hence prays for rejection of the bail application.

After hearing learned counsel for the parties and taking into consideration the statement of prosecutrix in which she has not made any allegation against the applicant, that chargesheet has been filed and investigation has been almost completed and the applicant is behind the bars since 12.03.2023 but without commenting anything on merits of the case, I deem it proper to allow the bail application. Accordingly, the bail application is allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of Trial Court for his regular appearance before the concerned Court with a condition that he shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial.

The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Miscellaneous Criminal Case stands allowed and is disposed of.

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

Certified copy, as per Rules.