MCRC/4665/2024 of MONU BAGHEL Vs THE STATE OF MADHYA PRADESH on 2 February 2024

ORDER

This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to FIR No. 267 of 2023 registered at PoliceStation Noorabad, District Morena (M.P.) for the offence under Sections 363,366, 376 (2) (n) of IPC and section 5/6 of POCSO Act.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the onlyearning member of his family. He further argued that as per prosecution storyand the statement of the prosecutrix recorded under section 164 of Cr.P.C.,the prosecutrix was already married at the time of incident with some otherperson, however, she met with the applicant when she came to her parentalhome and thereafter, she went with the applicant to Indore and lived with himfor almost two and half months. However, there is no evidence available onrecord that she ever tried to escape or raised any alarm against the presentapplicant while residing at Indore. Thereafter, the police traced her and broughther to her parental home. All these facts make the entire prosecution storydoubtful. The prosecutrix is already married therefore, the fact of her beingminor at the time of incident does not arise and the same is also suspicious. The applicant is in custody since 10/12/2023 and he has no criminalantecedents. Investigation is nearing completion and further custodialinterrogation of the applicant may not be required. The applicant is permanentresident of District Morena. Conclusion of trial is likely to take time and there isno likelihood of his absconsion, if released on bail. On these grounds, he praysfor grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bailapplication and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diaryavailable on record.

Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms andconditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, asthe case may be;

3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be; 4 ) The applicant will not commit any other offence orwill not repeat the offence in future. In case, if he/she isfound involving in the offence of the same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.

5) The applicant will not seek unnecessary adjournmentsduring the trial; and

6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case may be.

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 andnecessary action.

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.