Sachin Marskole vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 365/2022 registered at P.S – Khategaon,, District- Dewas (M.P.) for commission of offence punishable under Sections 363, 366-A of IPC.

As per prosecution story, the prosecutrix went missing at around 2 pm on 12/06/2022 and evenjatter inquiring with the neighbors, prosecutrix was not found. It is alleged that the applicant has kidnapped the prosecutrix on the said date. Thereafter, complaint was filed against applicant by the complainant on 13/06/2022 and subsequently an FIR bearing crime no. 3656/2022 was lodged at police station Khategaon and the applicant was arrested on 13/06/2022,

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Prosecutrix (PW-1), her mother (PW-2 and brother (PW-3) have been examined before the trial Court and categorically stated in their statements that they do not want to take any action against present applicant. The prosecutrix went to present applicant with her sweet will. The prosecutrix herself admitted in her statement that she has contracted marriage with present applicant. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required.. He is in custody since 13/06/2022 He is a permanent resident of District- Dewas. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that prosecutrix (PW-1) has been examined before the trial Court and categorically stated in her statement that she does not know her date of birth; she do not want to take any action against present applicant.; she herself went to present applicant with her sweet will and she has contracted marriage with present applicant;, her mother (PW-2 and brother (PW-3) have deposed in the same manner; present case is not the case of rape; only offence under sections 363 and 366-A of IPC has been registered against present applicant; the applicant is in custody since 13/06/2022; investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs.Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.,

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. 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.