Karan Singh vs State Of Madhya Pradesh And Others

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 3.4.2023 in connection with Crime No.50/2023 registered at Police Station Vijaypur, District Guna for the offence punishable under Sections 363, 366, 376, 34, 120-B of IPC, under Section 3(2)(v), 3(1)(w)(i) of SC/ST Act and under Section 3/4 of the POCSO Act..

Prosecution story, in brief is that in the intervening night of 2-3/4.2023 co-accused Nandu @ Vishnu Dhakad kidnapped/abducted the minor prosecutrix aged about 16 years and got the key of Gaurav's house with the help of the applicant and thereafter kept the prosecutrix in the house and committed rape upon her.

Learned counsel for the applicant submits that as per prosecution case it has been alleged against the applicant that he assisted the co-accused Nandu @ Vishnu Dhakad and provided the key of the house where the offence is alleged to have been committed. No other act has been alleged against him. Co-accused Nandu @ Vishnu Dhakad has been enlarged on bail vide order dated 11.7.2023 passed by this Court in M.Cr.C.No.28251/2023. Prosecurix was major at the time of incident as nothing material has been produced on record about her age except mark sheet and school scholar register of 6th standard. No offence is made out against the applicant. The applicant is in custody since 3.4.2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the prosecutrix was minor at the time of incident. Offences alleged against the applicant are of serious in nature, therefore, the applicant is not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

8 . Having considered rival submission, material pointed out by the learned counsel for the applicant, nature of allegations alleged against the applicant so also the fact that the co-accused Nandu @ Vishnu Dhakad has been enlarged on bail by this Court, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail on the ground of parity, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.