ABHIYOKTRI v. (BY SHRI AJIT RAWAT - GOVERNMENT ADVOCATE)

THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SHAHPURA DISTRICT BHOPAL (MADHYA PRADESH)

ABHIYOKTRI .....APPLICANT

(BY SHRI AJIT RAWAT - GOVERNMENT ADVOCATE) .....RESPONDENTS This application coming on for admission this day, the court passed the following: ORDER The applicant has filed this FIRST bail application under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.648/2022 registered at Police Station - Shahpura, District Bhopal for the offences punishable under Sections 363, 366, 376(2)(N), 376(2)(w), 376(3) of the IPC and Section 5/6 of the POCSO Act.

2. It is submitted by the learned counsel for the applicant that the applicant is suffering confinement since 7.2.2023 and charge-sheet has already been filed. It Signature Not Verified Signed by: VIKRAM SINGH Signing time: 4/27/2023 11:05:26 AM 2 is further submitted that the story indicates that the applicant and the prosecutrix shared physical/ emotional relationship . It further appears that the prosecutrix left her maternal home on her own volition. Earlier also both eloped together and, therefore, case was registered against the applicant in Crime No. 35/2022 at Police Station: Habibganj, District Bhopal in which bail was granted to the applicant vide order dated 4.7.2022 passed in M.Cr.C.No. 27528/2022. After getting bail when the applicant came out then prosecutrix persuaded him to elope together again as she wanted to marry him. The said spirit is decoded in statement of the prosecutrix under Section 164 of Cr.P.C. The applicant does not bear any criminal record. He also intends to marry the prosecutrix because she is on her family way and they want to live together as couple. The applicant undertakes to cooperate in trial/ investigation and would not be a source of embarrassment and harassment to the prosecutrix in any manner. Under these grounds, counsel prayed for bail.

Learned counsel for the State opposed the prayer on the ground of allegations and the fact that the prosecutrix is about 16 years old.

Heard the learned counsel for the parties at length and perused the case diary.

This order will remain operative subject to compliance of the following conditions by the applicant :- Signature Not Verified Signed by: VIKRAM SINGH Signing time: 4/27/2023 11:05:26 AM (i). The applicant will comply with all the terms and conditions of the bond 3 executed by him; (ii) The applicant will cooperate in the investigation/trial, as the case may be; (iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; (iv) The applicant shall not commit an offence similar to the offence of which he is accused; (v) The applicant will not seek unnecessary adjournments during the trial; (vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; (vii) The applicant would not be a source of embarrassment or harassment to the prosecutrix in any manner. The applicant shall take care of the prosecutrix in case both of them intend to live together as couple. Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information. Certified copy as per rules. (ANAND PATHAK) JUDGE Vikram Signature Not Verified Signed by: VIKRAM SINGH Signing time: 4/27/2023 11:05:26 AM