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2022 DIGILAW 1410 (MP)

Niyaju @ Niyajuddin Tadvi v. State of Madhya Pradesh

2022-12-02

VISHAL DHAGAT

body2022
JUDGMENT Vishal Dhagat, J. - This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 28.08.2022 in connection with Crime No. 361/2022, registered at Police Station Moghat Road, District Khandwa (M.P.) for the offence punishable under Sections 363, 366, 376(1), 450, 419 & 506 of IPC and Section 3/4 of POCSO Act. 2. Learned counsel appearing for the applicant submitted that prosecutrix is aged about 16 years and 09 months. She is sufficiently mature to understand consequence of her act. It is further submitted that the applicant and prosecutrix were having an affair with each other. Prosecutrix was a consenting party. Investigation is complete and charge-sheet has already been filed. In these circumstances, applicant be released on bail. 3. Learned Deputy Government Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that prosecutrix is minor a n d consent is immaterial. Considering the seriousness of offence bail application be dismissed. 4. Heard the counsel for the parties. 5. Considering the fact that applicant is a 22 years young man and prosecutrix has crossed the age of 16 years and 09 months. Applicant and prosecutrix were known to each other and were friends. 6. Considering the age of applicant, period of incarceration and the fact that investigation in the case is complete, bail application filed by applicant is allowed. 7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court. 8. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C. 9. Certified copy as per rules.