Udaisingh vs State Of Madhya Pradesh And Others

Shailendra Shukla, J

Both are first applications under Section 439 of Cr.P.C. for grant of bail. Applicants - Udaisingh S/o Mangu Kalra Bheel, Punamchand S/o Babu

Muniya and Manohar S/o Nanuram Muniya are implicated in Crime No.216/2021 registered at Police Station Petlawad, District Jhabua for the

offence punishable under Sections 363, 366, 376(2)(n), 376(3) and 34 of IPC along with 5(l)/6 of the Protection of Children from Sexual Offences

Act.

As per prosecution story, prosecutrix, a minor, aged 15 years and 9 months was kidnapped by four persons in two motorcycles and co-accused Sunil

committed rape upon her.

Learned counsel for the applicants has drawn Court's attention to the fact that charge-sheet has been filed, that date of incident is 10.03.2021 and

missing person's report was lodged on 27.03.2021. He further submits that as per prosecution story, while prosecutrix was being kidnapped, her family

members had tried to rescue her but they were pushed by the applicants. Thus, it is unnatural that missing report had to be lodged and that too after 17

days of the incident. He lastly submits that applicants are not the main accused, who had committed rape upon the prosecutrix.

Learned Public Prosecutor for the State was also heard who has opposed the bail applications.

Considered.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, these bail applications are allowed and it is

directed that applicants - Udaisingh, Punamchand & Manohar shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty thousand only) each with one solvent surety each to the satisfaction of the concerned Trial Court/Committal Court for their regular

appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial.

It is also directed that the applicants shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

A copy of this order be sent to the concerned Court for its compliance.

M.Cr.C. No.31928/2021 and M.Cr.C. No.25518/2021 are allowed and stands disposed of.

Certified copy, as per rules.