Mukesh vs State Of M.P

This is repeat (second) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 75/2018, registered at Police Station-

Biaora City, District-Rajgarh for commission of the offence under Sections 363, 366(A) and 376(2)(n) of the IPC alongwith Section 5(L)/6 of the

Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, it is alleged that on the pretext of marriage, the applicant abducted the prosecutrix and committed rape upon her.

Learned counsel for the applicant submitted that the applicant is a youth of aged about 24 years and he has not committed any offence. Although, the

prosecutrix is a minor girl aged about 17 years, however, in her statement recorded under Section 164 of the Cr.P.C., she has not made any allegation

against the applicant regarding abduction or commission of rape. In the said statement, the prosecutrix deposed that she was having love affair with

the applicant and she had gone with him at her own accord. Later on, she contacted marriage with the applicant and remained with the applicant for

considerable time as his wife. It is further submitted that today the prosecutrix is present in person before this Court and she also filed IA No.

1390/2020 in support of bail application of the applicant. The applicant is in custody since 24/12/2019. Investigation is over and charge-sheet has been

filed. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence, the application filed by the applicant

be dismissed.

Learned counsel for the complainant/objector has submitted that he has no objection in allowing the bail application of the applicant.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the

sum of Rs.50,000/- (Rupees fifty thousand only), with one solvent surety in the like amount to the satisfaction of trial Court, with a condition that he

shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

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

Certified copy as per rules.