Vinod vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 25.9.2020 in connection with Crime No.298/2019 registered at P.S. Pandhana, District Khandwa for the offences punisable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 5/6 of the Protection of Children From Sexual Offences Act.

A s per prosecution, the applicant frequently committed sexual intercourse with the prosecutrix, who is minor, under the false pretext of marriage, as a result of which she became pregnant and gave birth to a child, who is at present aged 6 months.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is a case of consent. The prosecutrix in her statement recorded under Section 164 of the Cr.P.C. has not stated anything against the applicant that he has committed sexual intercourse with her forcibly without her consent. The date of birth of the prosecutrix is 11.5.2002. She is more than 18 years of age at present. The applicant has solemnized marriage with the prosecutrix and they have a child aged 6 months at present. The applicant is in custody and the trial would take considerable time to conclude due to situation created by Covid-19 pandemic, therefore, the applicant may be released on bail.

Learned Panel Lawyer opposed the application.

Considering the overall facts and circumstances of the case and statement of the prosecutrix recorded under Section 164 of the Cr.P.C., I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant Vinod S/o Kailash shall be released on bail on his furnishing a personal bond in a sum of Rs.45,000/- (Rupees Forty Five Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.