Santosh Kushwaha vs State Of Madhya Pradesh

This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.

The applicant has been arrested in connection with Crime No.115/2019, registered at Police Station Khajuraho, District Chhatarpur, for the offences punishable under Sections 363, 366, 376(2)(N), 376(3) of IPC and section 3/4, 5/6 of POCSO Act.

The allegation of prosecution is that on 2.7.2019 prosecutrix aged about 15 years was found to be disappeared from her residential house situated at village Tekri, under the jurisdiction of Police Station Khajuraho, District Chhatarpur. Report of the incident was lodged. On that basis a missing person report was registered as crime No.115/2019 under section 363 of IPC against unknown persons. Lateron prosecutrix has been recovered on 11.7.2019. Her statements under section 161 and 164 of Cr.P.C., have been recorded. The statements of her family members were also recorded. On that basis, aforesaid offences were added to the previously registered offence against the applicant and co-accused Khemchand Kushwaha.

Learned counsel for the applicant has submitted that the applicant is innocent young boy of 20 years. The applicant is in custody since 5.9.2019. There is no allegation that the applicant had taken the prosecutrix or the prosecutrix was recovered from his possession. The trial will take a long time to conclude. It is further submitted that there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail.

Learned counsel for State has opposed the application for bail.

Allegation against the applicant Santosh Kushwaha is that he was accompanying co-accused Khemchand Kushwaha, when the co-accused had taken prosecutrix from her house to Harpalpur. Lateron he returned back from there. There is no allegation regarding commission of any crime against the prosecutrix by the present applicant. The applicant is a young boy of 20 years. There is no criminal antecedent against the applicant. He is in judicial custody since 5.9.2019.

Considering the facts and circumstances of the case, this application is allowed. It is directed that the applicant Santosh Kushwaha, shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.