Ramashankar Saket vs State Of Madhya Pradesh And Others

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been

arrested on 09/07/2020 in connection with Crime No.62/2020 for offences registered under Sections 363, 366, 376 of IPC and 3/4 of POCSO Act,

police station Naigadhi, District Rewa.

Allegation against the applicant/accused is that he kidnapped and committed rape with the prosecutrix, who was minor as her age was 17 years and

11 months at the time of incident.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 09/07/2020. Charge sheet has been filed and trial will

take time. Facts of the case categorically suggest that it is a case of consensual sexual relationship. So far age of the prosecutrix is concerned, she is

matured girl and appear to be major and there is marginal difference with regard to her age as minor or major. After appreciation of the evidence, it

may be held that the prosecutrix was 18 years. Looking to the facts and circumstances of the case, the applicant's custodial trial is not warranted,

therefore he be enlarged on bail.

Learned PL for the respondent/State has opposed the application and prayed for its rejection.

Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without

commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Ramashankar Saket be released on bail on

his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the

trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the

conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rules.