Madhya Pradesh High Court
Puran vs The State Of Madhya Pradesh on 14 June, 2018
THE HIGH COURT OF MADHYA PRADESH MCRC-20092-2018 (PURAN Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 14-06-2018 Mr. S.K. Mishra, learned counsel for the applicant. Mr. Manish Awasthi, learned Government Advocate for the State.
Heard.
sh The present first bail application filed under Section 439 Cr.P.C. for grant of bail to the applicant Puran in connection with Crime e ad No.109/2015, registered at Police Station Prathvipur, District Tikamgarh (M.P.) for offences punishable under Sections 363, 366, Pr 376 of IPC read wich Sections 3/4 of POCSO Act, 2012. The a applicant is in jail since 23.04.2018.
hy Learned counsel for the applicant has argued before this Court ad that the applicant infact was friendly with the prosecutrix and they were in relationship. It is also stated that finally a marriage has taken M place between them and birth of a child has also been taken place.
of Learned counsel for the applicant has stated that the girl is more than 18 years' of age and merely because in the FIR her age has been rt recorded as 17 years, the present applicant has been implicated in the ou instant cirme inspite of the fact that there is a categorical statement in C favour of the present applicant recorded under Section 164 of Cr.P.C.
On the other hand, learned Government Advocate opposed the h ig present bail application. His contention is that as the age of girl is 17 H years' the question of grant of bail does not arise. However, he has fairly submitted that no ossification report is available in the case diary and indisputably there is a child born out of the wedlock and the girl in her statement recorded under Section 164 of Cr.P.C. has stated about the marriage.
This Court, in the light of aforesaid is of the opinion that the learned counsel for the applicant is able to make out a case for grant of bail.
Accordingly, it is directed that the applicant Puran be released from custody subject to his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like Digitally signed by SAIFAN KHAN Date: 2018.06.14 15:49:32 +05'30' amount to the satisfaction of the trial Court for his appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during the trial. It is directed that the applicant shall comply the provisions of Section 437(3) of Cr.P.C.
M.Cr.C. stands disposed of. C.C. as per rules.
(S.C.SHARMA)
V. JUDGE
e sh
ad
Digitally signed by SAIFAN KHAN
Date: 2018.06.14 15:49:24 +05'30' Pr s@if a hy ad M of rt ou C h ig H