Jivan vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.411/2019 registered at Police Station Kanwan, District Dhar (MP) for offence punishable under Sections 363, 366 and 376 (2) (n) of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 and Section 5 read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding abduction and commission of rape, the present case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is a youth aged about 23 years and he has not committed any offence. Though the prosecutrix is a minor girl aged about 17 years and 8 months, however, according to her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, three years back, her marriage was settled with the present applicant, but 2-3 months before her marriage, her father refused to marry her with the applicant. Therefore, she called the applicant and had gone with him on her own accord. She remained in the company of the applicant for a considerable period and also contracted marriage with him. In the aforesaid statement, she has not made any allegation against the applicant regarding abduction or commission of rape. The applicant is in custody since 12.12.2019. The investigation is over and charge sheet has already been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her 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 trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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