MCRC/11666/2015 of AMAN Vs THE STATE OF MADHYA PRADESH on 31 December 2015

Arguments

31.12.2015

Shri Vikas Yadav, learned counsel for the applicant.

Shri Romesh Dave, learned Dy. GA for therespondent/State.

Heard.

This is first bail application filed by the applicant underSection 438 of Cr.P.C. The applicant is apprehending his arrestin connection with Crime No. 898/2015 registered under Section354 of the IPC, Section 3(1)(11) of ST/SC Act and Section 7/8of POCSO Act at P.S. Khajrana, Distt. Indore.

As per prosecution case, complainant came to the houseof her maternal aunt at College Colony, Khajrana, she wasgoing towards ring road on foot, applicant called her and askedwhere she is, she informed him that she is going to Khajrana,he asked her to wait, he is coming to meet her. After some time,applicant came to her and suddenly caught hold her hand withan evil eye. Thereafter, he flew away.

Learned counsel for the applicant submits that applicanthas not committed any offence. He has falsely been implicated.Applicant is a young boy, aged - 20 years old. There is nolikelihood of his absconsion, hence, prayed for anticipatory bail.

The prayer is opposed by learned Dy. GA for therespondent/State.

Case-diary perused.

In the statement recorded under Section 164 of theCr.P.C., complainant has changed the entire story stating thatshe was coming to Indore, then applicant met her at ring roadand forcibly caught hold her hand and also threatened her.

Taking into consideration the statement recorded underSection 164 of the Cr.P.C. coupled with the fact that applicant isa young boy, aged – 20 years old, there is no likelihood of his absconsion, but without commenting on merit, I allow thisapplication and it is directed that in the event of arrest applicant,namely, Aman be released on bail for the period of thirty dayson his furnishing a personal bond in the sum of Rs.50,000/-with one surety of the like amount to the satisfaction ofthe Arresting Officer, subject to abiding the conditionsenumerated under Section 438(2) of Cr.P.C.

Applicant may apply for regular bail within a period ofthirty days before the competent court. C.c. as per rules.

(D.K.Paliwal) Vacation Judge

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