Madhya Pradesh High Court
Amit Kesarwani vs The State Of Madhya Pradesh on 31 July, 2018
1 CRA-5214-2018
The High Court Of Madhya Pradesh
CRA-5214-2018
(AMIT KESARWANI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 31-07-2018
Shri R.S. Rathore, counsel for the applicant.
Shri A.S. Pathak, Government Advocate for respondent no.1/State.
Shri Rakesh Kumar Jain, counsel for the objector. Arguments heard upon the appeal filed on 19.6.2018 under section 14- A of SC/ST Act for grant of bail on behalf of appellant Amit Kesarwani.
This appeal has been filed by the appellant against the order dated 11.06.2018 passed by the Special Judge (S.C./S.T.) Act Anuppur. By the aforesaid order, the Lower Court rejected the application of the applicant which was filed under Section 439 of Cr.P.C. in relation to the Crime No. 142/2018 registered at Police Station Jaithari, District Anuppur under Sections 363, 366A, 376 (2)(N) of I.P.C. , Section 3,4 & 5 of P.O.C.S.O. Act and Section 3(2)(5) of S.C./S.T. Act.
Case diary perused.
The appellant has been arrested on 8/06/2018. The prosecutrix was examined by the Magistrate on 7/06/2018 under Section 164 of Cr.P.C. Her date of birth is 26/04/2001. It means that she is a lady aged above 17 years. It transpires from her statement that the prosecutrix and the accused both are well known to each other. They were having some love affair. Upon the information of the accused, the prosecutrix left her house and had gone Amarkantak and Bilaspur with the accused. When she saw her father near the Bilaspur station who was searching the prosecutrix, she ran away.
Accordingly, except the point of age, the matter is based on mutual consent. Therefore, without commenting on the merits of the case, the appeal deserves to be allowed. Hence, the impugned order passed by the trial court is set aside. It is directed that appellant Amit Kesarwani shall be released on bail on his furnishing a bail bond worth Rs. 30,000/- (Rupees Thirty Thousand only) and a personal bond of the same amount to the satisfaction of the trial court.
The appellant shall abide by the conditions as enumerated under section 437(3) of the Code of Criminal Procedure.
Consequently, the present criminal appeal stands allowed and disposed of.
Certified copy as per rules.
(B. K. SHRIVASTAVA) JUDGE 2 CRA-5214-2018 vy Digitally signed by VAIBHAV YEOLEKAR Date: 2018.08.01 17:32:58 +05'30'