Raja @ Raja Babu vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

They are heard. Perused the case diary/challan papers.

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.201/2023 registered at Police Station Kachnar, District Ashoknagar (MP) for offence punishable under Section Section 363, 376, 366-A, 376(2)(n), 368 of the Indian Penal Code, 1860 and Section 3/4 ,5(L)/6 of POCSO Act. The applicant is in custody since 02.12.2023.

Allegation against the applicant is of abduction and rape with the prosecutrix aged more than 17 years.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as the prosecutrix was a consenting party as even according to her statement recorded under Section 161 and 164 of Cr.P.C., she has stated that she has resided with the applicant for around 2 days. It is also submitted that her age is also disputed and in such circumstances, further custody of the applicant is not necessary who is already lodged in jail since 02.12.2023.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. However, it is not denied that prosecutrix had resided with the applicant for around two days.

Having considered the rival submissions, perusal of the case diary and also taking note of the statement of the prosecutrix recorded under Section 161 and 164 of Cr.P.C. and the fact that the age of the prosecutrix is also disputed and she has resided with the applicant for around 2 days on her own volition and final conclusion of the trial is likely to take sufficiently long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.