MCRC/4676/2024 of ABHISHEK AHIRWAR 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. 401 of 2023 registered at PoliceStation Kumbhraj, District Guna (M.P.) for the offence under Sections 363 andadded 366, 376 (2) (n) of IPC and section 5/6 of POCSO Act.

Learned counsel for the applicant argued that applicant is an innocent personand has been falsely implicated. He further argued that applicant is the onlyearning member of his family. He further argued that allegedly the prosecutrixgot missing on 22/11/2023 and recovered on 13/01/2024 and she lived with the applicant for almost one and a half month. As per statement of the prosecutrixrecorded under section 164 of Cr.P.C, her age is stated to be 25 years. She lefther parental house on her own volition, therefore, question of abduction of theprosecutrix does not arise. It has further been stated in her statement recordedunder section 164 of Cr.P.C. that the prosecutrix has solemnized marriage withthe applicant and visited different places by public transport, however, there isno evidence available on record that she ever tried to escape or raised any alarmagainst the present applicant. Under these circumstances, the entire prosecutionstory becomes doubtful. The applicant is in custody since 13/01/2024 and hehas no criminal antecedents. Investigation is nearing completion and furthercustodial interrogation of the applicant may not be required. The applicant ispermanent resident of District Guna. Conclusion of trial is likely to take timeand there is no likelihood of his absconsion, if released on bail. On thesegrounds, he prays for 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 inthe sum of Rs. 50,000/- (Rupees Fifty 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 followingconditions by the applicant:-

1) The applicant will comply with all the terms and conditions 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 casemay 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.

Durgekar

(SUNITA YADAV)JUDGE