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Judgment
9 paragraphs · 364 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.147/2022, Date:-(Not mentioned) registered at P.S.-Amjhara, District-Dhar, (M.P.) for commission of offence punishable under Sections 363, 366, 373, 376(2)(N) of the IPC and section 3/4, 5(L) and 6 of the POCSO Act.
As per prosecution story, at the time of the incident prosecutrix was aged more than 17 years. On 30.03.2022, applicant kidnapped the prosecutrix and took her to village Indorma P.S. Pithampur and kept her for two months. Meanwhile, he committed rape upon her several times.
3 . Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. Prosecutrix was aged more than 18 years but her actual date of birth is not mentioned in the scholar register. Prosecutrix was a consenting party for sexual intercourse. Applicant is in custody since 28.06.2022. After completion of investigation charge sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.
4 . Per contra, learned Panel Advocate for the respondent/State has opposed the prayer of the applicant and prays for rejection.
5 . Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
It is directed that the applicant- SUKHRAM @ ARJUN be released on bail upon his/her furnishing 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 the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
M.Cr.C. stands disposed of, accordingly.