Madhya Pradesh High Court
Suresh Sen vs The State Of Madhya Pradesh on 30 October, 2015
M.Cr.C.No.15135/2015
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M.Cr.C.No.15135/2015
30.10.2015 Shri Manoj Patel, counsel for the applicant.
Shri Bramhadatt Singh, Govt. Advocate for the
State/respondent.
Heard the learned counsel for the parties. The applicant is in custody since 1.4.2015 relating to crime No.271/2015 registered at Police Station Hanumanganj, District Bhopal for offence punishable under Sections 342, 376 (Kha), 370 (Ka), 201 of IPC and Section 3/4, 7/8, 5 (6)/6 of Protection of Children from Sexual offences Act, 2012.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. The prosecutrix is shown to be 16 years of age as per ossification test. However, in such examination, two years may be added on both the sides. No external or internal injury was found on her person, which indicates that she was a consenting party. No alleged offence is made out against the applicant. The applicant is in custody since 1.4.2015, without any substantial reason. Under such circumstances, the applicant prays for bail.
Learned Panel Lawyer for the State opposes the application.
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Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Suresh Sen may be accepted. Consequently it is hereby allowed.
It is directed that the present applicant be released on bail on furnishing a bond in sum of Rs.40,000/- (Rupees forty thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K.GUPTA) JUDGE Pushpendra