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Judgment
19 paragraphs · 374 wordsAnjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 17.12.2020 in connection with Crime No.299/2019 registered at P.S. Civil Lines, District Chhatarpur for the offences
punishable under Sections 363, 366-A and 376 of the Indian Penal Code and Section 3/4 Protection of Children From Sexual Offences Act, 2012.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The prosecutrix was a consenting party. The
applicant has no criminal antecedents. Charge sheet has been filed. The applicant is in custody and trial would take considerable time to conclude due
to situation created by Covid-19 pandemic. In view of the above, the prayer is made to release the applicant on bail.
Learned Panel Lawyer has strongly opposed the prayer for bail.
As per prosecution's case itself, the date of birth of the girl is 10th January, 2003 and date of incident is 24.04.2019, which shows that prosecutrix was
minor at the time of incident. Now, she is aged about 18 years. She visited several places with the applicant. She herself stated that at the time of
lodging FIR against the applicant, she was pregnant and carrying the fetus of about seven months. Now, a girl child is born, who is aged about three
months. The prosecutrix is willing to marry and reside with the applicant as his wife. In her medical report, no sign is found by the Doctor of any
physical violence.
Considering the overall facts and circumstances of the case, I deem it appropriate to release the applicant on bail, therefore, the application is allowed.
It is directed that applicant - Hetram Kushwaha shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty
Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
With the aforesaid, the M.Cr.C. stands allowed and disposed of.