Pushpendra Saket vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been

arrested on 17/06/2020 in connection with Crime No.480/2020 for offences registered under Sections 363, 366, 376 of IPC and sectino 3/4 of POCSO

Act, police station Rampur Baghelan, District Satna.

Allegation against the applicant/accused is that he kidnapped and committed rape with the prosecutrix, who was minor at the time of incident as her

age was 17 years and 4 months.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 17/06/2020. Charge sheet has been filed and trial will

take time. The applicant has no criminal antecedent. As per statement of the prosecutrix, it is clear that she herself went with the applicant and they

were interested to solemnize marriage. The aforesaid circumstance suggest that it is a case of consensual sexual relationship and so far age of the

prosecutrix is concerned, there is very marginal difference about to be major and the evidence with regard to her age is not very sound and she might

be major and there is no likelihood of the applicant absconding or tampering with the evidence. Hence the applicant be released on bail.

Learned PL for the respondent/State has opposed the application and prayed for its rejection.

Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without

commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Pushpendra Saket be released on bail on his

furnishing a personal bond for the sum of Rs.50,000/- (Rs.Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial

court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions

enumerated in sub-section (3) of Section 437 of Cr.P.C.

Certified copy as per rules.