Madhya Pradesh High Court
MCRC/12450/2016 of MOHD MUJIB Vs THE STATE OF MADHYA PRADESH on 29 December 2016
THE STATE OF MADHYA PRADESH) 29-12-2016 Shri Anil
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Arguments
MCRC-12450-2016
(MOHD MUJIBVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri Anil Ojha,learned Counsel for theapplicant.
Smt.Mamta Shandilya, learned Dy. Govt.Advocate for the respondent/State.
This is the first application filed by theapplicant under Section 439 of Cr.P.C. forgrant of bail.
The case diary is available.
Arguments heard.
The present applicant has been arrested by the Police Station�Mhow, District Indore inCrime No.542/2016 under Section 376 of IPCand under Section 3 / 4 of Prevention ofChildren from Sexual Offences Act.
According to the prosecution story, on 8.9.2016
the present applicant entered into house of theprosecutrix at about 6.00 a.m. and committedrape on her.
Learned counsel for the applicant submits that in statement of the prosecutrix under Section164 of Cr.P.C. before the Magistrate, she didnot support the prosecution case.
Learned counsel for the respondent/State hasopposed this application on the ground that attime of the incident, the prosecutrix was only 15 years and three months of age, according tothe scholar register.
Taking into consideration all the facts andcircumstances of the case, without commentingon the merits of the case, I am of the view thatit is a fit case for grant of bail. This applicationfiled under Section 439 of Cr.P.C. is allowed.Accordingly, it is directed that the applicantshall be released on bail on his furnishingpersonal bond of Rs.50,000/- (Rupees FiftyThousand only) and one surety of the likeamount to the satisfaction of the concernedMagistrate for his appearance on all the datesof hearing as may be directed in this regardduring trial.
He is further directed that on being so releasedon bail, he would comply with the conditionsenumerated under Section 437 (3) of Cr.P.C.meticulously.
Certified copy, as per rules.
(ALOK VERMA)JUDGE