Madhya Pradesh High Court

MCRC/2531/2024 of GANESH Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 2531 of 2024

BETWEEN:-

GANESH S/O GANGA BISAN MANDRAI, AGED ABOUT 27YEAR S, OCCUPATION: LABOUR SAWAL BEDA P.S.CHIPAWAD DISTT. HARDA (MADHYA PRADESH)

(BY SHRI SUBODH CHOUDHARY - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BARWAH DISTT.KHARGONE (MADHYA PRADESH)

.....APPLICANT

.....RESPONDENT

(BY SHRI SANTOSH SINGH THAKUR - PUBLIC PROSECUTOR)

This application coming on for admission this day, the court passed the following:

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ORDER

This is first application under section 439 Cr.P.C. for grant of regular bail in connection with FIR No.664/2023 dated (not mentioned) registered at P.S-Barwaha, Dist. Khargone (M.P.) for offences punishable under Section(s) 363,366, 376(2)(n), 376(2)(f) IPC and Section 3/4, 5(L)/6 of POCSO Act.

2. A missing report was lodged by the father of the prosecutrix.

3. Counsel for the applicant submits that in the statement of the prosecutrix,she has stated that she has herself had gone along with the applicant at manyplaces and also went to the State of Rajasthan. They got married and thereaftermade relationship of husband and wife. The age of the prosecutrix is more than 17 years.

4. Counsel for the State opposes the prayer on the ground that the age of theprosecutrix is less than 18 years.

5. After hearing learned counsel for the parties and taking into considerationthe statement of the prosecutrix that she herself had gone along with theaccused to many places and also to the State of Rajasthan, they got married andperformed relationship as husband and wife, the age of the prosecutrix is morethan 17 years, the investigation has been completed and the charge-sheet hasbeen filed, I am of the view that the applicant is entitled for grant of bail.Therefore, without expressing any view on the merits of the case, theapplication is allowed.

6. It is directed that Applicant- Ganesh shall be released from custody uponfurnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) withone surety of the like amount to the satisfaction of the court below.

7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.

C.c. as per rules.

soumya

(VIJAY KUMAR SHUKLA)JUDGE

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