MCRC/51052/2018 of SUNIL Vs THE STATE OF MADHYA PRADESH on 31 December 2018

THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No. 51052/2018

(Sunil Vs. The State of M.P.)

Jabalpur, Dated: 31.12.2018

Ms. Indu Pandey, learned counsel for the applicant.

Shri Amit Sharma, learned Govt. Advocate for therespondent/State.

Heard on this first bail application under Section 439 of Cr.P.C.filed on behalf of the applicant in connection with Crime No.225/2018registered by Police Station Umreth, District Chhindwara for offencespunishable under Sections 363, 366-A, 342 and 376 of the IndianPenal Code and under Sections 4, 5 and 6 of POCSO Act.

As per the prosecution case, prosecutrix is about 17 years oldgirl and had been taken away by the applicant to his house and shewas kept there in a locked room, where the applicant had committedraped with the prosecutrix. On that basis, an offence has beenregistered under aforementioned Section.

Learned counsel for the applicant has submitted that theapplicant is innocent and have falsely been implicated in the presentcase. The applicant has been in judicial custody since 20.11.2018,therefore, it is requested that the applicant may be enlarged on bail.

Learned Govt. Advocate for the respondent/State, on the otherhand, has vehemently opposed the bail application.

Looking to the facts and circumstances of the case that theapplicant is in jail since 20.11.2018 and medical report of theprosecutrix has been found negative and without commenting onmerits, I am inclined to allow the instant application and directed thatthe applicant be enlarged on bail upon his furnishing personal bond inthe sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) withonesolvent surety in the like amount to the satisfaction of the TrialCourt, the applicantshall be released on bail with a direction to appearin the trial court on the date of the trial.

The applicant shall abide by the following conditions of 437 (3)of Cr.P.C. as under:- pnm THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No. 51052/2018

(Sunil Vs. The State of M.P.)

(a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter, (b) that such person shall not commit any offencesimilar to the offence of which they are accused, orsuspected, of the commission of which they aresuspected, and

(c) that such person shall not directly or indirectlymake any inducement, threat or promise to any personacquainted with the facts of the case as to dissuade himfrom disclosing such facts to the Court or to any policeofficer or tamper with the evidence.

Accordingly, this M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(Smt. Anjuli Palo)Vacation Judge