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2016 DIGILAW 415 (MP)

VISHNU SHARMA v. STATE OF M. P.

2016-05-16

VIVEK RUSIA

body2016
JUDGMENT : 1. Shri Navneet Kishore, learned counsel for the applicant. Shri Aniket Naik, learned Govt. Advocate for non-applicant/State. 2. Heard. 3. This is first application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail. 4. The present applicant was arrested by Police Station-Shujalpur, District-Shajapur in Crime No. 602/2015 under sections 363, 366 and 376(2)(n) of Indian Penal Code and sections 3/4 and 5 L/6 of Protection of Children from Sexual Offences Act, 2012. 5. The present applicant is father of the main accused-Neeraj, against whom, there is allegations that he has abducted the girl, who is aged 17 years and 2 months. The applicant is in custody since 29-4-2016. 6. Counsel for the applicant submits that the present applicant has not committed any offence. He has falsely been implicated in this case. 7. Learned counsel for the State opposes the bail application and prays for its rejection on the ground that the girl in her statement under section 161 of Criminal Procedure Code has stated that the applicant being father of the accused have knowledge about the conduct of his son. 8. I have perused the case-diary. Statement of the girl under section 164, Criminal Procedure Code before the Court has been recorded, in which, she has not named the present applicant and stated that she lived with main-accused Neeraj as husband and wife till the police has arrested on 29-4-2016. 9. Taking into consideration all the facts and circumstances of the case and also the statement of girl recorded under section 164, Criminal Procedure Code, without expressing any opinion on the merits of the case, the application filed under section 439 of the Criminal Procedure Code is allowed. 10. It is directed that, applicant-Vishnu Sharma shall be released on bail subject to his furnishing a personal bond of Rs. 50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court on all the dates of hearing as may be fixed in this behalf by the Court concerned during trial. 11. Certified copy as per rules.