Pankaj vs State Of M.P

Shailendra Shukla, J

Heard through video conferencing. Perused the case diary.

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

Applicant â€" Pankaj S/o Nagjiram Parmar is implicated in Crime No.510/2020 registered at Police Station â€" BNP, District Dewas for the offence

punishable under Sections 363, 366, 376(2)(n) of the IPC and under Section 5(L)/6 of POSCO Act and he is in custody since 10.12.2020.

The prosecution case is that the applicant had kidnapped the prosecutrix who was a minor and had committed rape upon her.

Learned counsel for the applicant submit that charge sheet has been filed and that in 164 Cr.P.C. statement made by prosecutrix, the prosecutrix has

not levelled any allegations against the applicant.

The aforesaid statements were perused, in which the prosecutrix has stated that it was she who had called the applicant to her house because she

was being married to some other person by her family members and when the applicant came, the prosecutrix went on her own accord with the

applicant and both lived together for some time. She states that the applicant has committed no offence against her. The aforesaid statements are

placed on record.

Learned Public Prosecutor for the State was also heard who has opposed the application.

Considered.

In view of the statements made by the prosecutrix under Section 164 of Cr.P.C. and further that charge sheet has been filed, a case is made out for

grant of bail to the applicant.

Accordingly, the bail application is allowed and it is directed that applicantâ€"Pankaj shall be released on bail upon 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 the concerned Trial Court/Committal

Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned

during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.4041/2021 is allowed and stands disposed of.

C.C. as per rules.