DISTRICT KHARGONE (MADHYA PRADESH) v. GENERAL)

(SHRI RITU RAJ BHATNAGAR, LEARNED COUNSEL FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BHIKANGAON DISTRICT KHARGONE (MADHYA PRADESH) .....APPLICANT ( SHRI HITENDRA TRIPATHI APPEARING ON BEHALF OF ADVOCATE GENERAL) .....RESPONDENTS This application coming on for orders this day, th e court passed the following: They are heard. Perused the case diary / challan papers. ORDER This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.820/2021 registered at Police Station Bhikangaon, District Khargone (MP) for offence punishable under Sections 366, 376(2)(n)m 376(3) of IPC and Section 3/4 (2), 5(L)/6 of Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 05.04.2022. The allegation against the applicant is of abduction and rape.

Signature Not Verified Signed by: MONI RAJU Signing time: 1/3/2023 5:17:37 PM 2 Counsel for the applicant has submitted that the prosecutrix was major at the time of the incident and was a consenting party and she has stayed with the applicant for a period of four months and she wanted to marry the present applicant, which is also apparent from her statement under Section 164 of the Cr.P.C. It is submitted that there is no allegation of rape against the applicant as both the applicant and the victim were having an affair and their family members were against their marriage and they were bent upon to marry her to some other place. It is further submitted that the applicant is in jail since 05.4.2022 and the final conclusion of the trial is likely to take a long time. Hence, it is prayed that the application be allowed. Counsel for the respondent / State has also opposed the prayer. Having considered the rival submissions, on perusal of the case diary as also the statement recorded under Section 164 of the Cr.P.C., it is found the applicant lured the victim as her parents were bent upon to marry her to some other place.

In such circumstances, the application deserves to be allowed. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. I t is also observed that after his/her release on bail, if the applicant is Signature Not Verified Signed by: MONI RAJU Signing time: 1/3/2023 5:17:37 PM 3 found in any of the criminal activities, the learned Judge of the trial Court shall after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also. Certified copy, as per rules. (SUBODH ABHYANKAR) JUDGE Signature Not Verified Signed by: MONI RAJU Signing time: 1/3/2023 5:17:37 PM