Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 872 (MP)

Anurag Kaushal v. State Of Madhya Pradesh

2020-09-08

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. The applicant is in jail since 18.07.2020 in connection with Crime No.419/2020, registered at Police Station-Kotwali, District-Sihore for offence punishable under Sections 363, 366, 376(2)(n), 376 of IPC and Section 5 and 6 of POCSO Act. 2. The case of the prosecution, in short, is that, the applicant allured the prosecutrix, who was below the age of 18 years but more than 17 years, took her along with him on the pretext of marriage and committed rape upon her. Meanwhile missing person report was lodged by the brother of the prosecutrix and after recovery of the prosecutrix, report was lodged against the applicant. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Statement of the prosecutrix was recorded under Section 164 of CrPC in which she had not stated anything against the applicant. After investigation charge-sheet has been filed and the conclusion of trial will take considerable time for its final disposal, therefore, it is prayed that the applicant be enlarged on bail. 4. Learned counsel for the objector pleaded no objection, if applicant be released on bail. 5. On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application. 6. Having heard the learned counsel for the parties and perused the record, so also perused the statement of prosecutrix recorded under Section 164 of CrPC, before the Magistrate, in which she categorically stated that she went to the house of her cousin Bunty Chourasiya and stayed there at night. She neither went along with the present applicant-Anurag Kaushal nor the present applicant did anything with her. Considering the statement of the prosecutrix, without commenting anything on merits, this Court is inclined to enlarge the applicant on bail. 7. Consequently, the application is allowed. It is directed that applicantAnurag Kaushal shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 9. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 10. Certified copy as per rules.