Mulle @ Sadat Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 13.5.2022 in connection with Crime No.145/2022 by Police Station Indargarh, District Datia (MP) for the offence punishable under Sections 366, 376 (D) and 506 of IPC and Sections 25, 27 of Arms Act.

In brief, the prosecution case is that on 24.4.2022 at 8:58 pm, Rambhan Namdev lodged a missing person report that he is having one son and eight daughters. At present, he along with his wife and three children reside in the house. On 23.4.2022, he went to Mau. At his house, his wife and children were present. After taking dinner, his wife and children slept. When his wife woke up in the morning at 6:00 am, she saw her daughter / prosecutrix is missing from her cot. She telephoned him. He came at 8:00 am. He searched for the prosecutrix here and there but could not trace her. He has doubt that Raees Khan @ Pauwa took her along with him. Upon his report, missing person report No. 11/22 was registered. Prosecutrix was rescued from Maharashtra along with Raees Khan. Her statements were recorded. She has stated that she is aged about 19 years. She started talking with his neighbour Pauwa Sharma. After 5-6 days, he told her that he will solemnize her marriage and will give money to her father. On his saying, she along with him went to Maharashtra by train. He took her in the house of his brother. There he told that his real name is Raees Khan. She objected and told that if she had known his name, she would not have accompanied him. Thereafter, Raees and his brother Nafees committed rape with her. A day after that, police came over there and brought her to Indargarh. Crime No. 145/2022 for the offences punishable under Sections 366, 376 (D) and 506 of IPC and Sections 25, 27 of Arms Act was registered. Prosecutrix was sent for medical examination.

From the side of applicant-accused it is submitted that applicant is innocent and he has been falsely implicated in the offence. Prosecutrix has not mentioned the name of the present applicant in her statement recorded under Section 161 of CrPC. It is further submitted that applicant is in custody since 13.5.2022 and co-accused Bhure Khan has already been granted the benefit of bail vide order dated 21.6.2022 in M.Cr.C. No.29136/2022 and the case of the present applicant is on same footing. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the record.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.