Kamal vs State Of Madhya Pradesh And Others

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.436/2023 registered at Police Station Barwani, District Barwani (M.P.) for the offence under Sections 363, 376(2)(N), 376(2)(h), 376, 366-A, 450 and 506 of the Indian Penal Code, 1860 and Section 3/4, 5(n)/6 and 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 05/06/2023.

As per prosecution story, on 20/05/2023 the mother of the minor prosecutrix / complainant lodged an FIR at Police Station Barwani by stating that on 19/05/2023 at about 12:30 PM when she returned to home her elder daughter informed her that her minor daughter is missing from home. She has left the house at 10:30 AM on the pretext of collecting the mark sheet from the School, but she did not return. Complainant tried to search her everywhere, but could not find her, thereafter, she lodged the FIR. During the investigation, it has been gathered that present applicant abducted and took the prosecutrix to Nashik and repeated committed rape upon her. Accordingly, offence has been registered.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 05/06/2023. Investigation is over and charge sheet has been filed. Prosecutrix (PW-1), her mother (PW-2) and father (PW-3) have been examined before the trial Court and have been turned hostile. They did not stated any thing against the present applicant in respect of the offence. Applicant is the permanent resident of Khargone district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that prosecutrix (PW-1) has been examined before the trial Court in which she has categorically stated that present applicant is her Jija and she went with him at her own accord; he has neither abducted nor committed rape upon her; parents of the prosecutrix have also supported the statement of prosecutrix and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.