Golu @ Vinod vs State Of Madhya Pradesh And Others

Atul Sreedharan, J

This appeal under Section 14-A(1) of SC/ST Act has been filed for grant of bail to the appellant who has been arrested in connection with Crime

No.8/2019 for offences punishable under sections 376, 376(2) (I), 456 and 506 of IPC, sections 3, 4 of POCSO Act and section 3(2)(va) & 3(1)(w)(ii)

of SC/ST (Prevention of Atrocities) Act, 1989 registered at Police Station-Damua, District-Chhindwara.

The appellant is in judicial custody since 23.01.2021 in the aforesaid case. The allegation against him is of having raped the prosecutrix, who is over 17

years of age. The appellant himself is only 20 years of age.

Learned counsel for the State and the Objector have opposed the bail being granted looking at the young age of the prosecutrix and have submitted

that consent is of no avail as the prosecutrix is a minor. Per contra, learned counsel for the appellant has read out from the 164 statement of the

prosecutrix which reveals that on the night of the incident the appellant entered her house. Upon the prosecutrix asking the appellant the reasons for

his presence, the appellant is stated to have made small talk and general conversation with her and, thereafter went away. She categorically states

that the appellant did not do anything with her.

Looking at the facts and circumstances of the case, the young age of the appellant and the 164 statement of the prosecutrix, which has been referred

and discussed herein-above, the appeal is allowed allowed and it is directed that the appellant shall be enlarged on bail upon his furnishing a personal

bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.