Rahul vs State Of MP

Satyendra Kumar Singh, J

The first bail application of the applicant was dismissed as withdrawn vide order dated 22.4.2021 passed by this Court in MCRC.No.16840/2021.

This is second application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 20.1.2021 in connection with Crime No.339/2020 registered at Police Station Shahjapur Kotwali District Shahjapur for commission of offence punishable under Sections 363,366,376(2)(n),342 of IPC and Sections 5(L) and 5(J) and 6 of the POCSO Act.

Prosecution story, in brief, is that applicant knowing the fact that prosecutrix is a minor girl aged about 16 years and four months kidnapped/abducted and wrongfully confined her and forcefully committed sexual intercourse with her repeatedly, due to which she got pregnant.

Learned counsel for the applicant submits that proseuctrix is a major girl. There is nothing on record except scholar register in which prosecutrix's date of birth has been registered on the basis of transfer certificate. Applicant has not committed any offence. Applicant has been falsely implicated in the matter. Applicant is in custody since 20/1/2021 and after filing of the charge sheet case is still pending for prosecution evidence since 27.7.2021 but till now none of the prosecution witnesses have been examined. Summons issued to the prosecutrix and her parents are being returned unserved. Prosecutrix in her statement recorded under Section 164 of Cr.P.C had not supported the prosecution story and specifically stated that applicant did not commit any offence with her. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submits that applicant is brother-in-law of the prosecutrix and very well knew the fact that prosecutrix was minor girl and offence alleged against the applicant is serious in nature, therefore, the applicant is not entitled for bail.

Having considered the rival submissions, material produced on record as well as the material pointed out by learned counsel for the applicant, statement of the prosecutrix recorded under Section 164 of Cr.P.C and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicants.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules..