Rajkumar vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 15.09.2022 by Police Station- Badarwas, District- Shivpuri, in connection with Crime No.214 of 2022 for the offence punishable under Sections 363, 376 of IPC and Section 3/4 of POCSO Act.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant. He is suffering confinement since 15.09.2022 and charge-sheet has already been filed. It is further submitted that story indicates consensual nature of relationship shared by the prosecutrix and the applicant. Learned counsel referred statement under Section 161/164 CrPC in support of his submissions, wherein prosecutrix has referred the fact that she left her maternal home on her own volition. She shared emotional/physical intimacy with consent. She is at the verge of attaining majority. It is further submitted that confinement amounts to pretrial detention specially when the applicant is not a man with tainted criminal background. He undertakes to cooperated in the trial. Under these grounds, he prayed for bail.

Learned State counsel opposed the prayer and prayed for its dismissal. Heard learned counsel for the parties at length and perused the documents appended.

Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

This order shall remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant would not be a source of embarrassment or harassment to the complainant/prosecutrix and he shall not move in the vicinity of prosecutrix and shall not try to contact her in any manner directly or indirectly.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.