Madhya Pradesh High Court
Kuldeep Singh @ Kuppe Punjabi vs The State Of Madhya Pradesh on 31 October, 2017
M.Cr.C. No.15899/2017
31.10.2017
Shri Manish Datt, learned senior counsel with Shri Chetan
Jaggi, learned counsel for the applicant.
Shri Aseem Dixit, learned Government Advocate for the
respondent-State.
This is an application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Kuldeep Singh @ Kuppe Punjabi for the offences under Section 377 of the Indian Penal Code and Section 5(m)(6) of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Maihar, District Satna, vide Crime No.564/2017.
The applicant is in judicial custody since 26.06.2017 in the aforesaid case and the charge-sheet has been filed. The allegations against the applicant is of having committed an act of unnatural sex with a child of three and a half years.
Learned counsel for the applicant has read out 164 statement of the child from which shows that an attempt was made by the applicant to commit penetration. Thereafter, learned counsel for the applicant has also read out the statement of the brother of the child who says that they were playing together. The applicant came and stated to have taken away the child by telling him that he would give him mangoes and after 2 to 3 hours, the child returned to his house carrying mangoes in his hands. The MLC is inconclusive.
Learned counsel for the applicant specifically states that there are no external injury marks seen over the anal region. Abrasion with redness is seen around the left little finger. According to the mother of the child, this injury was due to dog bite.
Learned counsel for the applicant submits that the injury was only on account of dog bite which was pet of the applicant herein. On account of biting to child, the said case came to be registered against the applicant. It is also pertinent to mention that the date of incident is 24.06.2017 and the FIR is lodged over 24 hours i.e. on 25.06.2017 for which negligible reason has been given.
Looking to the facts and circumstances of the case and the MLC report which shows that there is no act of unnatural sex appears to have performed on the child and at the most looking to the allegation made against the applicant that an attempt was made by him to commit an act of unnatural sex upon child and the fact that the FIR is delayed by over 24 hours, I am inclined to allow the application and direct that the applicant herein be enlarged on bail upon 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.
Certified copy as per rules.
(Atul Sreedharan) Judge ac/-
ANIL CHOUDHARY 2017.11.01 15:58:34 +05'30'