Raju @ Rajesh vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 54/13 registered at Police Station, Bhonti, District Shivpuri, (M.P.) for the offences punishable under Sections 363, 366, 376 of IPC and Section 3 /4 of Protection of Children From Sexual Offences Act-2012.

As per the prosecution case, the daughter of the complainant aged about 14 years left the house for appearing in the examination. At about 3:00 p.m. Peon of the school came to the complainant and told that his daughter did not appear in the examination. Then complainant and his son started searching the daughter. After two days Phoolsingh Lodhi told that Raju has taken away his daughter. Daughter of the complainant was traced on 23.07.2013. Her statement was recorded. She has stated that she was going to appear in the examination on 21.03.2013. Raju met her and enticed her to accompany him, he would marry her. Raju took her to some unknown places, kept there and did sexual intercourse with her.

It is submitted by learned counsel for the applicant that applicant has falsely been implicated. Victim is a major girl. She accompanied with the applicant and remained with him for about four months and she has married with him at Ram temple Orcha and also did photo session. Victim has not lodged any complaint to anybody during this period. It is further submitted that agreement has also been executed by the victim. The age certificate has given by the Block Medical Officer of Civil Health Centre Niwari certifying that age of the victim is 18 years to 18- 1/2 years. It is further submitted that as per the affidavit of the victim her father wanted to settle her marriage with brother-in-law because her sister is unable to give birth of child. She accompanied Raju with her own will. He is in custody since 06.08.2013. Trial will take some time. Therefore, the applicant be released on bail.

The application is opposed by learned Public Prosecutor submitting that victim is minor and on ossification test age of the victim has been found above 16 years and below 18 years.

As per the progress report the date of birth of the victim has been mentioned as 25.01.1999. While in the radiological examination her age has been determined above 16 years and below 18 years. The document filed on behalf of the applicant reveals that the age certificate has been given by Block Medical Officer of the Community Health Centre Newari certifying that age of the victim is 18 to 18-1/2. Some photographs have also been filed which shows that both the victim and the applicant are garlanding to each other. Taking into consideration the aforesaid facts, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court/Committal Court.

This order will 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 him/her 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; and

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

A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.