Pooja Chaudarya And Others vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first bail application filed by the applicants under Section 439 of Cr.P.C. Applicants Pooja Chaudhary and Amit @ Manish Chaudhary were

arrested on 24/04/2021 in Crime No.153/2021 registered at Police Station Nainpur, District Mandla (M.P.) for the offence punishable under Sections

363 of IPC and 3/4 of POCSO Act.

As per prosecution case, on 06/04/2021 co-accused Jitendra @ Ankit Chaudhary abducted the prosecutrix, who was minor and committed rape with

her. Thereafter, applicants Pooja Chaudhary and Amit Chaudhary took the prosecutrix to Mandla, from where co-accused Jitendra @ Ankit

Chaudhary took the prosecutrix to Raipur, where he kept her in a rented house and made sexual relation with her on the pretext of marriage.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the crime. The prosecutrix was major

and she went with co-accused Jitendra @ Ankit Chaudhary on her own will. Applicants have no criminal past. They have been in custody since

24/04/2021. The charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicants on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that the applicants are also involved in the crime with co-accused Jitendra

@ Ankit Chaudhary, who abducted a minor girl and committed rape with her, so they should not be released on bail.

Looking to the facts and circumstances of the case and the fact that there is no allegation against the applicants that they abducted the prosecutrix

from her house or they assisted the co-accused Jitendra to commit rape with prosecutrix, the applicants are in custody since 24/04/2021, charge-sheet

has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the

applicants be released on bail upon their furnishing personal bond in the sum o f Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in t

h e like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by

the trial Court during the pendency of trial.

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

 1. The applicants will comply with all the terms and conditions of the bond executed by them;

 2. The applicants will cooperate in the trial;

 3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer;

 4. The applicants shall not commit an offence similar to the offence of which they are accused;

 5. The applicants will not seek unnecessary adjournments during the trial; and

 6. The applicants will not leave India without prior permission of the trial Court.

Certified copy as per rules.