Madhya Pradesh High Court
Mahesh Kumar Mehra vs The State Of Madhya Pradesh on 28 August, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 32989/2018
(Mahesh Kumar Mehra Vs. State of M.P.)
Jabalpur,
Dated:28.08.2018
Shri B.K. Upadhyay, learned counsel for the applicant.
Shri Rajesh Tiwari, learned Government Advocate for the
respondent/State.
This is first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant in connection with crime No. 40/2016 registered at Police Station: Seoni Malwa, District Hoshangabad for the offences under Sections 363, 366, 376 of the IPC and Section 4, 6 of the POCSO Act. The applicant is in jail since 20.07.2018.
The allegation against the applicant is that he eloped with the prosecutrix on 21.01.2016 when she was 16 years old and thereafter both of them got married and out of this wedlock, they also have a child, however, during the second delivery of the prosecutrix, she passed away in the hospital due to delivery complications. When the parents of the prosecutrix came to know about this fact, the applicant was arrested.
Learned counsel for the applicant has submitted that the complainant had the knowledge that the applicant and the prosecutrix had married, but soon after the death of the prosecutrix, a case which was filed agaisnt the applicant earlier was refreshed and the applicant 2 was arrested. He further submits that the prosecutrix was a consenting party.
Learned Government Advocate for the State has opposed the prayer. He further submits that at the time when the prosecutrix eloped with the applicant she was a minor.
After hearing the rival submissions and perusing the case diary as also taking into account the statements of the neighbours of the prosecutrix, who have stated that the prosecutrix died on account of complications arising out of pregnancy, without commenting on the merits of the case, the application is hereby allowed. It is directed that the applicant Mahesh Kumar Mehra shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
Apart from the above mentioned conditions, the applicant shall further abide by the following conditions:-
"(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
(ii) that the applicant shall not leave India without the previous permission of the Court; and
(iii) that the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected."3
With the aforesaid, the present application filed under Section 439 of the Cr.P.C. is hereby disposed of.
Certified copy as per rules.
(Subodh Abhyankar) Judge Vikram Digitally signed by VIKRAM SINGH Date: 2018.08.29 17:12:17 +05'30'