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Madhya Pradesh High Court · body

2014 DIGILAW 1314 (MP)

Md. Saddam v. State of M. P.

2014-10-13

N.K.GUPTA

body2014
JUDGMENT 1.Heard the learned counsel for the parties. 2. The applicant is in custody since 2.8.2014 relating to crime No. 370/2014 registered at Police Station Adhartal, District Jabalpur for offence punishable under Sections 363, 366, 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012. 3. Learned counsel for the applicant submits that the applicant is a youth of 21 years of age, who has no criminal past alleged against him. The prosecutrix is shown to be 17 years and 10 months old. However, there is no cognate evidence about assessment of her age. She appears to be above 18 years of age. No external or internal injury was found on her person. As per allegation, she resided with the applicant, without any resistance. Under such circumstances, it appears that either the prosecutrix was a consenting party or the applicant is falsely implicated in the matter. No alleged offence is made out against the applicant. The applicant is in custody since 2.8.2014, without any substantial reason. Under such circumstances, the applicant prays for bail. 4. Learned Panel Lawyer for the State opposes the application. Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Md. Saddam may be accepted. Consequently it is hereby allowed. 5. It is directed that the present applicant be released on bail on furnishing a bond in sum of Rs. 35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court. 6. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. Certified copy as per rules.