Vijay vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.242/2019 registered at Police Station Bilpank, District Ratlam (MP) for offence punishable under Sections 363, 366-A and 376 (2) (n) of the Indian

Penal Code, 1860 and also under Sections 5-L read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 03.11.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix regarding abduction, inducement and commission of rape on the

pretext of marriage, the case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is a youth aged about 20 years and he has not committed any offence. The

prosecutrix is a minor girl aged about 17 years and 8 months; and according to her statement recorded under Section 164 of the Code of Criminal

Procedure, 1973, she was having love affair with the applicant and she wanted to solemnize marriage with the applicant, but their parents were not

ready to perform their marriage. Therefore, she had gone with the applicant on her own accord; later on, she contracted marriage with him; and

remained in the company of the applicant for a period of 1 ½ months. In the aforesaid statement, she has not made any allegation against the

applicant regarding abduction or commission of rape. The applicant is in custody since 03.11.2019. The investigation is over and charge sheet has

already been filed. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on bail. Conclusion of the trial will take

sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is

made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal

bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her

regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and

shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.