Prabhat @ Prabhu vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is first application filed under Section 439 of Cr.P.C. for grant of regular bail relating to FIR/Crime No.81/2024 dated (not mentioned) registered at Bag, District Dhar (M.P.) for commission of offence punishable under Sections 363, 366-A, 376 of IPC.

As per the prosecution case, it is alleged that the applicant had abducted a minor girl and committed rape upon her.

3 . Learned counsel for the applicant submits that the applicant is in jail since 24.02.2024. The charge sheet has been filed and as per statement recorded under section 164 of Cr.P.C. she has not made any allegation of physical relationship by the applicant.

4 . Learned counsel for the respondent/state opposed the prayer and submits that the age of the prosecutrix is minor on the date of incident.

5 . After hearing learned counsel for parties and on going through the statement of the prosecutrix recorded under section 164 of Cr.P.C that she has not made any allegation of physical exploitation by the applicant the investigation has been completed and the charge sheet has been filed, prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Prabhat @ Prabhu shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

7 . A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.