Kailash vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 193/2019, registered at Police Station-Suasara, District-Mandsaur, for commission of the offences under Sections 363, 366, 376(2)(n) and 344 of the IPC alongwith Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, on 03/08/2019, complainant-Bherulal lodged a missing report of his daughter, alleging that someone took his minor daughter by alluring her.

Learned counsel for the applicant submitted that the applicant is a youth of aged about 22 years and he has not committed any offence. Although, the prosecutrix is a minor girl aged about 16 years, however, according to her statement recorded under Section 164 of the Cr.P.C., she wanted to marry with the applicant, therefore, she herself gone with him. She has not made any allegation against the applicant regarding abduction or commission of rape in the aforesaid statement. The applicant is in custody since 07/09/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these change of circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

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 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 during trial 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) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.