Sandeep Bagri S/O Devnarayan @ Devkaran Bagri vs State Of Madhya Pradesh

S.K. Awasthi, J

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.238/2020 registered at Police Station Hatpipliya, District Dewas (MP) for offence punishable under Sections 363 and 376 (2) (n) of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 and Section 5 read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 05.09.2020.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding abduction, inducement and commission of rape on the pretext of marriage, the case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has falsely been implicated in the present crime. It is further submitted that although the prosecutrix was a minor girl aged about 17 years at the time of alleged incident, however, according to her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, she was married to one Rakesh, however, she does not want to live with him; she was having love affair with the applicant and she had gone with him on her own accord and also solemnized marriage with him; and both of them lived together as husband and wife for a considerable period. 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 05.09.2020. The investigation is over and charge sheet has already been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he / she prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting anything on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial 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 Criminal Procedure Code, 1973.

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.