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2023 DIGILAW 161 (MP)

Sailendra @ Laali v. State of Madhya Pradesh

2023-01-30

SUNITA YADAV

body2023
JUDGMENT Sunita Yadav, J. - The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail. 2. The applicant has been arrested by Police Station Bahadurpur, District Ashoknagar in connection with Crime No. 52/2022 registered for the offence punishable under Sections 363, 366(A), 376(2)(N) and 376(3) of IPC and section 5 /6 of POCSO Act. 3. Allegation against the applicant / accused, in short, are that he abducted the prosecutrix who is minor and committed rape upon her. 4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The prosecutrix has not supported the case of the prosecution in her statement recorded under Section 164 of Cr.P.C. during investigation. After conclusion of investigation, charge-sheet has already been filed, therefore, further custodial interrogation of the applicant may not be required. The prosecutrix as well as her mother have not supported the case of prosecution in their Court statement (Annexure A/2) also. In occification test the age of prosecutrix is mentioned as 16-18 years. The applicant is permanent resident of District Datia. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposed the application and prayed for its rejection. 6. Heard learned counsel for the rival parties and perused the case diary available on record. 7. Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court . 8. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court . 8. This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him/her; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench. 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 9. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. 10.E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules.