High CourtsSingle Bench

Ravi vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 8 December 2020 · Citation: (2020) 12 MP CK 0052

HON’BLE JUDGES
S.K. Awasthi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 437(3), 439 · Indian Penal Code, 1860 — Section 363, 376(2)(n) · Protection Of Children From Sexual Offences Act, 2012 — Section 5(L), 6
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 48781 Of 2020
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Judgment

19 paragraphs · 346 words

S.K. Awasthi, J

This is first application under Section 439 Cr.P.C for grant of bail in connection with Crime No.285/2020, registered at Police Station-Sonkatch,

District-Dewas for commission of the offence punishable under Sections Sections 363, 376(2)(n) of IPC and Section 5(L)/ 6 of Protection Of Children

from Sexual Offences Act,2012.

Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. It is further

submitted that although the prosecutrix is a minor girl aged about 17 years, however according to her statement recorded under section 164

Cr.P.C.,she was having love affair with the applicant and she wanted to marry with him, however her parents were not agree, therefore she had gone

with the applicant and remained in his company for a long period as his wife. In the aforesaid statement she has not made any allegation against the

applicant regarding abduction or commission of rape. The applicant is in custody since 29.07.2020. Investigation is over, charge-sheet has been filed

and the conclusion of the trial will take sufficiently longer time. Under these circumstances, learned counsel for the applicant prays for grant of bail to

the applicant.

Learned counsel for the State 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 applicant, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall

remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) 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.