MCRC/10394/2014 of MOHAMMAD @ GAURA KHAN Vs THE STATE OF MADHYA PRADESH on 29 December 2014

M.Cr.C NO.10394/14

29.12.2014:

Shri Rajkumar Swarnkar, learned

counsel for the petitioner.

Shri Manish Joshi, learned PanelAdvocate for the respondent/State.

Heard with the aid of case diary.

This is a petition under section

439 Cr.P.C for grant of bail in

connection with Crime No.382/14

registered at police station AJKShajapur, district Shajapur for theoffences punishable under sections 363,366, 372, 376(2) IPC & u/s ¾ read withsection 5(1)(6) of the Protection ofChildren from Sexual Offences Act.

According to prosecution on

08.10.2014 prosecutrix aged about 15

years left her house on her own to go

to Mumbai in attraction of films.

Learned counsel submits that main

accused is co-accused Chitra who notonly kidnapped the prosecutrix but forced to go in flesh trade. Hefurther submits that petitioner is incustody since 29.11.2014. Police hasimplicated about 12 accused persons.This is the first offence everregistered against the petitioner.There is no likelihood of earlyconclusion of the trial.

Learned G.A submits that petitioneris one of the main accused who indulgedin the act of intercourse as also inthe activities of prostitution. Inresponse learned counsel submits thatpetitioner is a self employed personwho extended a helping hand in goodfaith to the prosecutrix.

After hearing learned counsel forthe parties, considering the facts andcircumstances of the case and the hk/

material available in the case-diary,in the considered opinion of thisCourt, it is a fit case for grant ofbail. Accordingly, the application isallowed and the petitioner is directedto be released on bail upon hisfurnishing personal bond in the sum ofRs.50,000/- with two sureties in thesum of Rs.25,000/ each to thesatisfaction of the trial Court for hisappearance before that Court on allsuch dates as may be fixed in thisbehalf by the trial Court during thependency of trial.

C.c on payment of usual charges.

(T.K. KAUSHAL)VACATION JUDGE