Vinod Jatav vs State Of Madhya Pradesh

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 259 of 2023 registered at Police Station Karahal, District Sheopur (M.P.) for the offence under Sections 363, 376, 376 (2) (N) of IPC and Section 5 (l), 6 of POCSO Act, 2012.

Learned counsel for the applicant argued that the applicant is innocent a n d has been falsely implicated. The entire prosecution story is highly suspicious upon in the light of the fact that the prosecutrix got missing on 20.11.2023 and recovered on 05.01.2024 and in her statement recorded under Section 164 of Cr.P.C. on 05.01.2024, she has not made any allegation against the applicant/accused for her abduction and sexual assault. Even her statement under Section 161 of Cr.P.C., she has stated that she left her house because a frequent fight between her parents. When she arrived at Indore with the applicant /accused, she started living with him. There is no evidence that she tried to escape or raise alarm. Charge sheet has already been filed. In earlier cases registered against the applicant, he has been acquitted. Further submission is that the applicant is permanent resident of District Sheopur (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

P e r contra, learned Public Prosecutor for the respondent/State vehemently opposed the bail application and prayed for dismissal of present bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

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

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

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

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

4) The applicant will not commit an offence similar to the offence for which he is accused;

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.