Suraj Singh vs State Of M.P. And Others

J. P. Gupta, J

This is first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.150/2020 registered at Police Station Javar, District Sehore, for the offence punishable under Sections 363, 376 of the IPC and Section 3/4 of the POCSO Act.

As per the prosecution story, the allegation against the applicant-accused is that he kidnapped and committed rape with the prosecutrix repeatedly, who was below 16 years at the time of incident.

Learned counsel for the applicant-accused submitted that the applicant is innocent and has been falsely implicated. He is in custody since 7.5.2020. It is further submitted that the prosecutrix went along with the applicant on her own will and it is a case of consensual sexual relationship. So far as evidence with regard to the age of the prosecutrix is concerned, the prosecution has relied on the mark-sheet of High School rather than the entry of scholar Register of admission in the class-I. Therefore, the applicant has not committed any offence and his further custody is not warranted. Hence, the applicant be enlarged on bail.

Learned Panel Lawyer opposed the application stating that the crime has been committed with the girl who was below 16 years age. In such circumstances, consent has no meaning and the offence is heinous and at present the applicant does not deserve to be released on bail and if the applicant is released, wrong message will go in the society.

Having considered the contentions of learned counsel for the parties and on perusal of evidence on record, in view of this Court, the applicant is not entitled to get the benefit bail. Hence, this application is dismissed.

However, the applicant is free to file a fresh application after recording the statement of the prosecutrix or completion of one year in jail, if statement of the prosecutrix is not recorded till then.