Mithun vs State Of MP

Satyendra Kumar Singh, J

The first bail application of the applicant filed under Section 439 of Cr.P.C was dismissed as withdrawn with liberty to file a fresh application if statement of the prosecutrix is not recorded within a period of 30 working days from the date of receipt of order of the Court vide order dated 26.8.2021 passed by the co-ordinate Bench of this Court in MCRC.No.26919/2021.

With consent, heard finally.

This is second application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 12/6/2020 in connection with Crime No.328/2020 registered at Police Station Industrial Area Dewas, District Dewas for commission of offence punishable under Sections 363, 366,376(A), 376(2)(N), 368/34 of IPC and 5/6 of POCSO Act.

Learned counsel for the applicant submits that as per direction of this Court statement of the prosecutrix has not been recorded within 30 working days from the date of receipt of order of this Court and case is still pending for appearance of the co-accused persons, therefore, this application has been filed. Learned counsel for the applicant further submits that age of the prosecutrix was wrongly mentioned by her father in her school record and she is a major girl. She intentionally not turned up for her statement before the trial Court. DNA report is not supporting the prosecution story. Applicant has been falsely implicated in the matter and is in custody since 12.6.2020 and has already undergone one year and five months of jail incarceration. Trial will still take time for its conclusion as the same has been fixed for appearance of the co-accused, who was earlier enlarged on bail by co-ordinate Bench of this Court vide order dated 26.3.2021 passed in MCRC.No.12837/2021 (Pappu @ Praveen Vs. State of M.P). Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the prayer while learned counsel for the objector/complainant has no objection in granting bail to the applicant.

Having considered the rival submissions, report of the trial Court, period of custody already undergone by the applicant, and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, 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.

C. C. as per rules.