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Madhya Pradesh High Court

Sunil Ahirwar vs The State Of Madhya Pradesh on 9 June, 2021

Author: Shailendra Shukla

Bench: Shailendra Shukla

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             MISC. CRIMINAL CASE NO.26753 OF 2021
               (Sunil Ahirwar vs State of Madhya Pradesh)



Indore, Dated 09.06.2021
     Arguments heard through Video Conferencing.
     Mr. Dharmendra Khanchandani, learned counsel for the
Applicant.
     Mr. Sameer Verma, learned counsel for the Non-
Applicant/State.
                             ORDER

This is first application filed by the applicant - Sunil Ahirwar S/o Girdhari Ahirwar under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.132/2021 registered at Police Station - Rajgarh, District - Rajgarh (MP) for the offence punishable under Sections 363, 366 and 376(2)(n) of Indian Penal Code, 1860 and under Section 5/6 of Protection of Children From Sexual Offences Act, 2012 and the applicant is in custody since 24.03.2021.

As per prosecution story, the prosecutrix aged about 17 years and 08 months had left her parental house and was taken to a room where she was kept for fifteen days and thereafter the applicant had committed rape upon her. Accordingly case has been registered against the applicant.

Learned counsel for the applicant submits that chargesheet has since been filed in the matter. He has read out the 164 Cr.PC statements of prosecutrix as per which the prosecutrix had herself stated that she had left her house on her own and she used to like the applicant and wanted to marry him and she asked the applicant to take her away, 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.26753 OF 2021 (Sunil Ahirwar vs State of Madhya Pradesh) otherwise she would commit suicide. Later on, she left by bus and met the applicant who took her to a room where they made physical relations with each other with her consent for once only. The applicant is in jail since 24.03.2021 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Heard learned counsel for the State who has opposed the bail application submitting that the prosecutrix was minor and her consent was immaterial.

Considered.

In this matter, regular bail cannot be granted to the applicant because the prosecutrix was below 18 years of age and her consent is immaterial in the matter. However, looking to the fact that trials are being stalled in the Courts below throughout the State because of Pandemic COVID-19 situation, hence it would be appropriate to grant temporary bail to the present applicant for a period of sixty days in such circumstances.

The applicant - Sunil Ahirwar S/o Girdhari Ahirwar is directed to be released on temporary bail for a period of sixty days subject to his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court. The applicant shall surrender before the learned trial Court on the expiry of 60th day from the date of his release. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.26753 OF 2021 (Sunil Ahirwar vs State of Madhya Pradesh) Procedure, 1973.

Miscellaneous Criminal Case No.26753 of 2021 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-