Vijay Singh Dangi vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.25/2023 registered at Police Station Khilchipur, District Rajgarh (MP) for offence punishable under Sections 363, 366-A, 376, 376(2)(n), 376(3) of IPC; Sections 5L/6 of POCSO Act; and Sections 3(1) (w-ii), 3(2)(5) of SC/ST Act.

The applicant is in custody since 29.01.2023.

The allegation against the applicant is of abduction and rape of the prosecutrix aged around 11 years and five months.

Counsel for the applicant has submitted that the age of the prosecutrix is disputed. She was a consenting party as in her statement recorded under Section 161 of Cr.P.C. she has stated that she resided with the applicant for around 11 to 12 days and had also travelled along with the applicant in public transport and so far as her statement recorded under Section 164 of Cr.P.C.is concerned, she has not stated anything at all against the applicant in her four line 164 statement.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

On due consideration of submissions and on perusal of the case-diary and considering the fact that the prosecutrix has resided with the applicant for around 11 to 12 days and has travelled with him in public transport, this Court finds force with the contentions raised by the counsel for the applicant to allow the application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.