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Madhya Pradesh High Court · body

2016 DIGILAW 511 (MP)

NIRAJ SHARMA v. STATE

2016-06-27

VIVEK RUSIA

body2016
JUDGMENT : 1. Shri Navneet Kishore, learned counsel for the applicant. Mrs. Neelam Abhyankar, learned counsel for the respondent/State, 2. Case diary perused. 3. Heard the counsel for the parties. 4. This is first bail application under section 439 of Criminal Procedure Code in connection with Crime No. 602/15 registered at Police Station-Shujalpur, Distt.-Shajapur for the offence under sections 363, 366 and 376(2-N) of Indian Penal Code and 3/4 and 5L/6 of POCFSO Act, 2012. 5. The applicant is in custody since 28-4-2016 and the co-accused Vishnu Sharma, father of the applicant, has already been granted bail in M.Cr.C No. 4585/16 vide order dated 16-5-2016. 6. Learned counsel for the applicant submits that the applicant is aged 22 years and the prosecutrix is aged about 18 years. Her statement has been recorded by the JMFC, Shujalpur in which she has stated that on 1-12-2015, she left the school and called the applicant by telephone and suggested for marriage and thereafter, they went to Bangalore and lived there for two months and worked in a tea stand. They lived as husband and wife by taking room on rent and thereafter, they performed marriage. She has stated that after 7 months, she would be major and again would start living with the applicant. Thus, the applicant has not committed any offence and he is in custody since 28-4-2016. 7. On the other hand, counsel for the respondent opposes the bail application and submits that the prosecutrix is below aged 18 years, hence, prayed for dismissal of the application. 8. Counsel for the applicant has cited the order dated 28-12-2015 passed in M.Cr.C. No. 11703/2015 in which in the similar facts and circumstances for the similar offence, bail has been granted under section 439 of Criminal Procedure Code. 9. I have considered the statements of the counsel and perused the case diary specially statements recorded under section 164 of the Criminal Procedure Code. Investigation has been completed and final report has been filed and further detention of the applicant is not required. He is a young boy of 22 years and in the company of hard core criminals in jail, his future may be spoiled, therefore, the application is allowed. 10. It is directed that the applicant be released on bail after furnishing personal bond in the sum of Rs. 35,000/- (Rs. He is a young boy of 22 years and in the company of hard core criminals in jail, his future may be spoiled, therefore, the application is allowed. 10. It is directed that the applicant be released on bail after furnishing personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one local surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed, 11. The applicant is directed to attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. C.C. as per rules.