Madhya Pradesh High Court
Vicky Pawar vs The State Of Madhya Pradesh on 16 November, 2016
MCRC-12929-2016
(VICKY PAWAR Vs THE STATE OF MADHYA PRADESH)
16-11-2016
Shri Girish Kumar, learned counsel for the applicant.
Shri AS Yadav, learned PL for the respondent/state.
This is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No. 562 of 2016 at Police Station Kotwali Ashoknagar district Ashoknagar for the offence punishable under section 363, 366, 376(2) (Dha) of IPC and 5(Tha)/6 of POCSO Act.
As per prosecution case, the complainant has lodged a report that his daughter has gone missing. During investigation, victim was recovered. Her statement was recorded wherein, she disclosed that on 26.8.2016, she left her house and went with Vicky to railway station and then to Ruthiyai. Thereafter, they left for Indore in another train. At Indore, they solemnized marriage in a temple, from where, they came to Bhopal by train, where they stayed for about four days and during this period, the applicant established physical relationship with her consent. Applicant took her to Padora where, they stayed for 10 days.
Thereafter, he brought her to Isri village where, they stayed for about five days. Then they left Isai for Bhopal where they stayed for about a month as husband and wife. Thereafter, applicant brought her to Umri where, they stayed for about 10 days Thereafter, the police caught them and brought to Ashoknagar. Similar statement has been given by her under section 164 of Cr.P.C.
Learned counsel for the applicant submits that applicant has not committed any offence and he has been falsely implicated in this case. The victim is a major girl. She went with the applicant out of her own will and married with him. Thereafter, the applicant established physical relationship with her out of her consent. There is no likelihood of abscontion. The applicant is in custody. The prayer is opposed by learned PL for the respondent/State. Case-diary perused.
As per school record, date of birth of victim is 8.4.1998. As per radio-logical report, age of the applicant has been found to be above 17 years and below 18 years. A copy of the Adhar card of the victim has been filed wherein, her date of birth is mentioned as 1.1.1998.
Taking into consideration the aforesaid documents and the statements made by the applicant under section 161 and 164 of Cr.P.C, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court. This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.
(D.K. PALIWAL) JUDGE Rks