Madhya Pradesh High Court
Kamlesh Ahirwar vs The State Of Madhya Pradesh on 16 November, 2015
MCRC-19319-2015
(KAMLESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
16-11-2015
Shri V.C. Rai, learned counsel for the applicant.
Shri A.N. Gupta, learned Panel lawyer for the respondent/State.
Heard arguments.
Perused case diary and material on record.
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.363/15 registered at Police Station Dehat, District Hoshangabad against him for the offences punishable under Sections 354 and 456 of the IPC and 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
Prosecution allegations are that in the night of 8.9.2015, the applicant entered the house of prosecutrix and caught her legs with sexual intent. Thereupon, her sleep was broken up and she raised alarms, on account of which the applicant ran away from the house. He was seen fleeing away from the house by her parents and other family members.
Learned counsel for the applicant submits that the applicant has been in custody since 14.9.2015 and the charge-sheet had been filed. It is also submitted by him that the applicant is next door neighbour of the prosecutrix and he is falsely implicate in this case at the behest of the prosecutrix's parents. It is also submitted by him that in fact, the prosecutrix was in love with the applicant and he went into the house upon her invitation. It is also submitted by him that this is the first ever offence registered against the applicant and he does not have any criminal antecedents. It is also submitted by him that the applicant and the prosecutrix both are almost of the same age group. Upon these submissions, learned counsel prays for grant of bail to the applicant. Learned Panel Lawyer opposes the prayer.
On due consideration of the facts and circumstances of the case and the submissions raised on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the application is allowed. It is ordered that applicant Kamlesh Ahirwar be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousands only) with one solvent surety of the same amount to the satisfaction of the court concerned for his appearance on all such dates as may be fixed by it in this regard. He shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the Court concerned will have power to cancel the applicant's bail. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE