Research › Search › Judgment

Madhya Pradesh High Court · body

2019 DIGILAW 488 (MP)

Ankit Pillai v. State of M. P.

2019-07-05

MOHD.FAHIM ANWAR

body2019
ORDER 1. Prosecutrix/victim personally present in person alongwith Smt.Lalita Pillai, mother of accused/applicant. 2. This first appeal has been filed under section 14-A(1) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 29.5.2019 passed by Special Judge, SC/ST, Jabalpur. 3. The appellant has been arrested in connection with Crime No. 132/2019, registered at Police Station Cantt, District Jabalpur for the offences punishable under sections 363, 366, 376(2)(N) of IPC, section 5(L) and 6 of the POCSO Act and section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. The allegations of the prosecution is that on 17.5.2019 at about 9:30 pm prosecutrix, aged about 17 years was found to be disappeared from her residential house situated at Sadar, under the jurisdiction of Police Station Cantt, District Jabalpur. Report of the incident was lodged by her mother. On that basis, offence under section 363 of IPC was registered against unknown person. During the course of investigation appellant was arrested and prosecutrix was also recovered. Her statements under sections 161 and 164 of CrPC, have been recorded. The statements of her parents were also recorded. On that basis, aforesaid offences were also added to the previously registered offence. 5. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the case. There is love affairs between the appellant and prosecutrix and the prosecutrix has gone with the appellant on her own will. The appellant is permanent resident of the address shown in the appeal and is ready to furnish adequate surety and shall abide by all the conditions that may be imposed by the Court. Therefore, it is prayed that the appellant be released on bail. 6. Learned Government Advocate for State has opposed the appeal for bail. 7. Prosecutrix is present in the Court with Smt.Lalita Pillai, wife of Bablu Pillai, who is mother of accused/appellant. Prosecutrix has stated that she is in love relation with the appellant and they are going to marry, if the appellant is released on bail. Smt.Lalita Pillai, the mother of accused/appellant, who is present has also admitted the situation and submitted that her son is ready to marry with the prosecutrix, if he is released on bail. The prosecutrix is identified by Smt.Lalita Pillai, mother of accused/appellant and Advocate appearing on behalf of appellant. Smt.Lalita Pillai, the mother of accused/appellant, who is present has also admitted the situation and submitted that her son is ready to marry with the prosecutrix, if he is released on bail. The prosecutrix is identified by Smt.Lalita Pillai, mother of accused/appellant and Advocate appearing on behalf of appellant. Although prosecutrix is aged 17 years, but she appears to be quite prudent and has attained the age of understanding. 8. Looking to her submission and the facts and circumstances of the case, I am inclined to grant appellant regular bail, who is in judicial custody since 21.5.2019. 9. Accordingly this appeal is allowed. The impugned order passed by the learned Special Judge (SC/ST), Jabalpur dated 29.5.2019 is set aside and it is directed that the appellant Ankit Pillai shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. The appellant shall abide by the conditions as enumerated under section 437(3) of the CrPC and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the appellant. 10. Consequently, the present criminal appeal stands allowed and disposed of.