Ramesh vs State Of Madhya Pradesh

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Ramesh who is implicated in connection with Crime No.319/2018, registered at Police Station-Bag, District-Dewas, concerning offence under Sections 363, 366, 376(d), 376(2)(n), 506 of IPC, 1860 read with Sections 5(l)/6 of Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, on 27/08/2018 complainant filed a missing person report that his daughter went out to market with Dudki, her uncle's daughter and did not return back. When Dudki came back home, she informed that when they both were returning home, in between, the prosecutrix alighted the vehicle saying that she wants to eat 'vimal'. Complainant searched her in nearby places and also in his in-laws house but she was found missing. Complainant alleged that he is having suspicion about one Rinchu. On the basis of which Police registered FIR for the aforesaid offence.

Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. There is no allegation against the applicant regarding commission of rape with the prosecutrix. Only allegation against the applicant is that he was driving the motorcycle in which main accused Rinchu @ Rintu took her to Dithiya's house at Dhar, except this no role has been played by the applicant. In these circumstances, at the most offence under Section 363 of IPC will be made out against the applicant. Main accused Rinchu @ Rintu is a Juvenile and he has already been enlarged on bail. The applicant is in custody since 18/07/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but 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 on his/her furnishing a 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, 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) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.