Jamna Raikwar vs State Of M.P

Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Jamna Raikwar was arrested on 02/12/2020 in connection with

Crime No.60/2018 registered at Police Station Alipura, District Chhatarpur for the offence punishable under Sections 363, 366, 34 of the IPC.

As per the prosecution case the on 09/06/2018 applicant abducted the prosecutrix, who was minor and took her to Delhi and sexually exploited her on

the pretext of marriage.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The prosecutrix was major and

went with the applicant on her own will. Prosecutrix in her statement recorded by the learned JMFC under Section 164 of the Cr.P.C. also admitted

that she went with applicant on her own will. The applicant has been in custody since 02/12/2020 and conclusion of trial will take time, hence prayed

for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that the applicant abducted a minor girl and committed rape with her, so he should not

be released on bail.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody

since 02/12/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that

the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like

amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this

behalf by thetrial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

 1. The applicant will comply with all the terms and conditions of the bond executed by him;

 2. The applicant will cooperate in the trial;

 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court;

 4. The applicant shall not commit an offence similar to the offence of which he is accused;

 5. The applicant will not seek unnecessary adjournments during the trial; and

 6. The applicant will not leave India without prior permission of the trial Court.

 C.C. on payment of usual charges.