Rajesh Ahirwar vs State Of Madhya Pradesh And Others

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.

T he applicant was arrested on 12.07.2022 in connection with Crime No.552/2022 at Police Station Cantt, District Guna (M.P.) for the offence punishable under Sections 363, 366, 376(2)(N), 376(3) of IPC and Sections 5(L)/6 of POCSO Act.

In brief, the prosecution case is that on 08.07.2022 father of the prosecutrix lodged a missing report of his daughter aged about 14 year 6 months that she is missing from 06.07.2022, somebody persuaded him. On his information, missing report was registered. On 12.07.2022, she was recovered from Indore. Statements of prosecutrix were recorded. In her statement, she has stated that she is aged about 14 year 6 months. One month back a phone call of a boy came on her phone and he narrated his name as present applicant-accused Rajesh Ahirwar resident of Village Bhaisa District Ashoknagar. Thereafter, they developed friendship with each other. He proposed her for marriage. On 28.06.2022, in the night at 10:30 pm, applicant-accused came and committed sexual intercourse with her. Thereafter, they used to talk each other regularly. Afterwards in July, 2022 they decided to fled away and solemnized their marriage. After that they reached Indore and made physical relationship just like husband and wife. Police rescued her. She was sent for medical examination.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He is in custody since 12.07.2022. Investigation has been completed and charge-sheet has already been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.10,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of default, cash surety of Rs. 10,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.