Madhya Pradesh High Court
Mallu @ Molu @ Suresh vs The State Of Madhya Pradesh on 4 July, 2017
MCRC-5067-2017
(MALLU @ MOLU @ SURESH Vs THE STATE OF MADHYA PRADESH)
04-07-2017
Shri A.K.Saraswat, learned counsel for the applicant.
Shri C.S.Ujjainia, learned counsel for the respondent/State.
Case diary is available.
Counsel for the applicant filed certified copy of ossification test dated 06.04.2017 in which age of the prosecutrix is assessed between 16-18 years.
This is first bail application under Section 439 of the Code of Criminal Procedure for grant of bail. The accused/applicant was arrested by the Police Station Kakanwani, district Jhabua in Crime No.27/2017 under Sections 363,376(2-N),344,506 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012. According to the prosecution story, the present applicant took the prosecutrix to Gujarat where he had physical relationship with her. At the time of incident, the prosecutrix was below 18 years of age. Arguments heard, case diary perused. Learned counsel for the applicant submits that the prosecutrix went with the present applicant with consent. There was no injury found on her body in her medical examination during investigation.
Learned counsel for the State opposes the bail application. Taking into consideration the facts and circumstances of the case, without commenting on the merits of the case, the application filed under Section 439 of Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial. He is further directed that on being so released on bail, he would comply with the conditions enumerated under Section 437(3) Cr.P.C. meticulously. Certified copy as per rules.
(ALOK VERMA) JUDGE