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Judgment
21 paragraphs · 380 wordsSatyendra Kumar Singh, J
This is first bail application under Section 439, Cr.P.C.,1973 for grant of bail in connection with Crime No.604/2021, Police-Station-Dhamnod, District-
Dhar (M.P.) for the commission of offences under Sections 363, 366-A, 376(1), 376(2)(N), 376(2)(K), 344 of the Indian Penal Code and sections 3, 4,
5(I) and 6 of the Prevention of Children from Sexual Offences Act,2012. The applicant is in custody since 04.09.2021.
Prosecution case in brief is that in the intervening night of 09-10.08.2021 applicant kidnapped/abducted minor prosecutrix aged about 17 years and 4
months and took her to different places and committed rape upon her repeatedly.
Learned counsel for the applicant submits that prosecutrix is a major girl and she voluntarily went with the applicant and they were having affair with
each other hence, no case is made out against the applicant. Applicant is in custody since 04.09.2021 and the trial will take long time to conclude
therefore he may be enlarged on bail.
Learned panel lawyer for the respondent/State opposes the bail application and submits that prosecutrix was minor at the time of the incident. Offence
alleged against the applicant is serious in nature therefore he is not entitled for grant of bail.
Having considered the rival submissions of both the parties, material produced on record with regard to the age of the prosecutrix and also considering
the fact that she was with the applicant for about a month, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to 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.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by
the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.