Narayan Malviya vs State Of Madhya Pradesh And Anr

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 11-1-2020 in

connection with Crime No.24/2020 registered at Police Station, Civil Line, District Vidisha, for the offence punishable under Sections 363, 366, 376(2)

(n), 376(3) of IPC and Sections 3/4 and 5/6 of the POCSO Act.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since

11.1.2020. It is further submitted that prosecutrix is major and her parents wanted to marry her at village Babai but she resisted and left her maternal

home on her own volition with the applicant. They wanted to marry, but because of pressure of the family of prosecutrix, he has been falsely

implicated. He undertakes to marry the prosecutrix as and when he gets opportunity. Confinement amounts to pre- trial detention. He undertakes to

perform community service.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.

Prosecutrix submits that she is major and she can take her decisions independently. She intends to marry present applicant Narayan Malviya and

extends her no objection if the bail is granted.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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Certified copy as per rules.