Madhya Pradesh High Court
Himmatsingh @ Gotu vs The State Of Madhya Pradesh on 5 April, 2016
-: 1 :-
Misc. Criminal Case No.2316/2016
05/04/2016
Shri A.K. Saraswat, learned counsel for the applicant.
Shri Romesh Dave, learned Deputy Govt. Advocate for the
respondent/State.
Heard.
ORDER
This is a first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No. 735/2014 registered at Police Station City Kotwali, District-Mandsaur, for the offence punishable under Sections 363, 366 and 376(2)(I)(N) of the IPC and under Sections 3 /4 and 5(L)/6 of the POCSO Act.
According to the prosecution case complainant lodged a missing report of her younger sister that on 08/09/2014 she took her younger sister with her, she lived with her for two days. When on 10/09/2014 complainant went on her work at Khanpura after returning from her work when she searched for her younger sister but she could not find her and report was lodged. During investigation the sister of the complainant was recovered where in her statement she has stated that she used to talk with Himmat Singh, applicant asked her to accompany him he would kept her happy thereafter she came to her sister's house, on 10/09/2014 when her sister going to out side she left the house and reached at bus stand while she was waiting for bus applicant Himmat met her and asked her to accompanied him, she refused but Himmat took her to Rayda and kept her there and committed sexual intercourse with her, she remain stayed with applicant for about 8 months as husband and wife. Thereafter applicant brought her to Ujjain, Chittoregarh and Neemuch where he kept her as his wife. In her statement recorded under Section 164 of the Cr.P.C. she stated that she gone with applicant with her own will.
Learned counsel for the applicant submits that the applicant has not committed any offence. He has falsely been implicated. The victim is a major girl and she gone with them with her own will and visited many places with him and remain stayed there for a period of more than 1 ½ years . The charge-sheet has been filed. The applicant is in custody since 15/11/2015. There is no likelihood of his absconsion. The -: 2 :- conclusion of trial likely to take time. Hence, prayed for bail.
The prayer is opposed by learned Deputy Govt. Advocate submitting that victim is a minor girl and as per school register her date of birth is 02/06/1999 .
Case diary perused.
As per medical report her secondary sexual characters are found well developed and no mark of any injury has been found on her person. In her statement recorded 164 of the Cr.P.C. she has stated that her father settle her marriage with another person whom she was not liking hence she had gone with the applicant with her own will.
Considering the statement of the victim and the facts and circumstances of the fact coupled with the fact that applicant is under custody since 15/11/2015 and charge-sheet has been filed , 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 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/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 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 skt