Nitin vs State Of MP

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 01/09/2021 in connection with Crime No.93/2021 registered by Police Station Andori, District Bhind for offence punishable under Sections 363, 366 (A) of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the victim was in love with co-accused Pankaj and both of them had decided to marry and accordingly on the instructions of Pankaj, the victim left her house on the motorcycle of the present applicant, who ultimately left the victim in the company of co-accused Pankaj. It is alleged that thereafter the victim as well as Pankaj were noticed by the police, accordingly Pankaj ray away after leaving the victim on the road. It is submitted that if the entire allegations are accepted, then it is clear that the applicant has been falsely implicated merely because he is the friend of co-accused Pankaj. Even otherwise, the allegations are that he had facilitated the victim to leave her house, however, there is no allegation that the applicant in any manner enticed the victim to leave her house. Therefore, the judgment passed by the Supreme Court in the case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of Gujarat passed on 21.01.2021 in CRA No.1919/2010, may not be applicable qua the applicant. The applicant is a young boy aged about 20 years and he is in jail from 01.9.2021. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. However, after going through the statement of the victim, it is fairly conceded that the victim had left her house for marrying the co-accused Pankaj.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000 (Rs.One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.