MCRC/3789/2024 of OMPRAKASH @ KARUA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

ORDER

This is first application filed by the applicant under Section 439 of theCr.P.C. for grant of bail relating to Crime No. 202 of 2023 registered at PoliceStation Belgada, District Gwalior (M.P.) for the offence under Sections 363,366, 376(2)(n), 506 and 34 of IPC & Sections 3/4 of POCSO Act.

Learned counsel for the applicant argued that the applicant is innocentand has been falsely implicated which is evident from the fact that prosecutrix inher statement recorded before the Magistrate under Section 164 of Cr.P.C. on16.11.2023, wherein she has not made allegation against the present applicant in respect to her abduction and rape, however, on 05.12.2023 she improvised herversion and for the first time she made allegation against the applicant whichmakes the prosecution story doubtful. Allegedly, the prosecutrix was gotmissing on 07.11.2023 and recovered on 16.11.2023 and according to herstatement she left her house on her own volition because she had a fight withher parents on the issue of her marriage against her wish. She wanted to marrywith the present applicant. Further submission is that she also travelled in publictransport on different places, however, there is no evidence that she ever triedto resist or raise alarm. The applicant is in custody since 22.12.2023.Investigation in the matter is over by filing of charge-sheet, therefore, custodialinterrogation is no more required. The applicant has no criminal antecedents andhe is permanent resident of District Gwalior (M.P.) and there is no possibility ofhis absconding or tempering with prosecution case. On these grounds, he praysfor grant of bail to the applicants.

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

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 itis directed that the applicant be released on bail on furnishing a personal bondin 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/committalCourt.

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 shall not commit an offence similar to theoffence of which he/she is accused;

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 and necessary action.

Facts

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.

(LJ*)

(SUNITA YADAV)

JUDGE