Jahar vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 03/01/2020 in connection with Crime No.236/2019, registered at Police Station-Damua, District-Chhindwara for the offence under Sections 363, 366, 368, 376(2) read with Section 34 of IPC as well as under Sections 4 and 6 of POCSO Act Draped in brevity, the case of prosecution against against the applicant is that prosecutrix was minor at the time of incident. The applicant developed friendship with prosecutrix and he took prosecutrix along with him without consent of her parents, kept with him and instigated her to get married with his brother -Chandrabhan. Prosecutrix agreed to marry with Chandrabhan. The applicant solemnized marriage of the prosecutrix with Chandrabhan and prosecutrix lived along with Chandrabhan as his wife. In the meantime, on the basis of missing report, prosecutrix was recovered, then she stated whole incident happened with her.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Trial will take considerable time for its disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.

On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that the applicant was very well involved in the incident.

Having heard learned counsel for the parties, perused the case diary. After investigation, charge sheet has been filed. The applicant is not required for further investigation. Considering the act of the applicant, this Court is inclined to allow this application. Hence the application is allowed.

It is directed that applicant-Jahar shall 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 the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.