Lavkush Arele vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 8.6.2021 in connection with Crime No.90/2021 registered at P.S. Baxwaha District Chhatarpur for the offences

punishable under Sections 363, 366, 376(2)(n)/34 of the IPC and Sections 5(1)/6 of the Protection of Children From Sexual Offences Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Learned counsel for the applicant submits that

prosecutrix is aged about 17 years and 11 months. She is attaining the age of knowledge. Learned counsel for the applicant has also drawn attention

of this court to the statement of the prosecutrix recorded under section 164 of the Cr.P.C. to state that she has not made any serious allegation against

the applicant regarding commission of rape on her. Prosecutrix is a consenting party. Applicant is in custody since 8.6.2021. The trial would take

considerable time to conclude therefore, she may be released on bail.

Learned Panel Lawyer has opposed the application.

Considering the overall facts and circumstances of the case, nature of allegation leveled against the applicant and the fact that prosecutrix is a

consenting party, I deem it appropriate to release the applicant on bail, therefore, the application is allowed.

It is directed that applicant Lavkush Arele shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as

may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

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

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.