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Madhya Pradesh High Court

Sonu Ahirwar vs The State Of Madhya Pradesh on 13 July, 2021

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

                                                                   1                           MCRC-24887-2021
                                         The High Court Of Madhya Pradesh
                                                   MCRC-24887-2021
                                             (SONU AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                  Jabalpur, Dated : 13-07-2021
                                        Heard through Video Conferencing.
                                         Shri Madan Singh, learned counsel for the applicant.
                                         Shri Shankar Dayal Mishra, P.L. for the respondent/State.

Case diary perused.

This is first application under Section 439 of Cr.P.C for grant of bail. Applicant Sonu Ahirwar was arrested on 06/02/2021 in connection with Crime No.50/2021 registered at Police Station Obedullaganj, District Raisen for the offence punishable under Sections 363, 366, 376, 376(2)(n), 506 of the IPC and Section 5/6, 5J(ii), 5(L), 6 of the POCSO Act.

As per the prosecution case on 01/02/2021 applicant abducted the prosecutrix, who was minor and took her to Bangluru, where he kept her in a ranted house and made sexual relation with her on the pretext of marriage.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The prosecutrix was major and she went with the applicant on her own will. She also admitted this fact in her statement recorded by the learned JMFC under Section 164 of the Cr.P.C. The applicant is in custody since 06/02/2021. The charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

On the other hand learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody since 06/02/2021, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on 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 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 SAN the bond executed by him ;

2 MCRC-24887-2021

2. The applicant will cooperate in the trial;

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 t o dissuade him/her 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 prior permission of the trial Court.

C.c. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE as Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2021.07.13 17:57:16 IST