Veerbhan vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 577/12 registered at Police Station Kendra, district Guna, M.P. for the offence punishable under Sections 363, 366, 376 of IPC. and Section 6 of Protection of Children Sexual Harassment Act.

As per the prosecution case complainant has lodged missing report about his daughter. On this report, missing report was prepared. During enquiry on 17.06.2013 i.e. after about eight months, the daughter of the complainant has been traced. Her statement was recorded, in which she has stated that she went to call of nature at about 3 P.M., at that time Kalla met her and took her to cottage and committed sexual intercourse with her.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated. Daughter of the complainant is a major and she was a consenting party. Applicant is in custody since 15.7.2013.Trial likely to take some time, hence, applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor submitting that as per merg report, the date of birth of the daughter of the complainant is 12.7.1997, hence she was minor and considering the alleged fact of offence, the bail application may be rejected.

As per medical report of victim, no injury on private part or external injury has been found. No definite opinion has been given regarding sexual intercourse because she is a habitual of sexual intercourse.

On behalf of applicant, a medical report given by the District Hospital has been filed. As per the report, the age of the victim has been found to be about 18-20 years. The photocopies of the agreement has also been filed in which the victim has stated that her age is 20 years and also stated that she has married with the applicant.

Taking into consideration the aforesaid fact, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which they are accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.