Madhya Pradesh High Court
Dheeraj Kumar vs The State Of Madhya Pradesh on 20 April, 2018
1
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C. No. 10211/2018
(Dheeraj Kumar Vs. State)
Dated:-20-04-2018
Shri Vikas Chouksey , counsel for the petitioner.
Shri Narendra Chourasia, Government Advocate for
the respondent/State.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, filed on behalf of petitioner Dheeraj Kumar in Crime No. 67/2017 registered by P.S.- Nahota, District- Damoh under Sections 363, 366 and 376 of the IPC and Sections 5/6 of the POCSO Act, 2012.
As per the prosecution case, prosecutrix is a minor unmarried girl aged about 16 years and 10 months. She was kidnapped by the petitioner from the lawful guardianship of her parents on 20.02.2017 and was taken from Chilod to Panagar, from Panagar to Deori, from Deori to Rahul Nagar, Gujrat. Meanwhile, at Bhopal they got married and lived as husband and wife at Rahul Nagar. They were recovered by police on 07.3.2018.
Learned counsel for petitioner has invited attention of the Court to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C.; wherein, she has stated that she was in love with the petitioner and had accompanied him to aforesaid places, where they lived as husband and wife. Learned counsel for the petitioner further submits that though the prosecutrix was technically a minor, she had attained the age of knowledge and understanding and had accompanied the petitioner of her own free will and accord. The petitioner has been in custody since 04.3.2018 and the 2 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.Cr.C. No. 10211/2018 (Dheeraj Kumar Vs. State) charge-sheet in the matter has been filed; therefore, it has been prayed that the petitioner be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned counsel for the petitioner, in the opinion of this Court, petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Dheeraj Kumar, is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that trial Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(C.V. Sirpurkar) Judge sh Digitally signed by S HUSHMAT HUSSAIN Date: 2018.04.20 17:51:54 +05'30'