Madhya Pradesh High Court
Mukesh Thakur vs The State Of Madhya Pradesh on 14 June, 2018
THE HIGH COURT OF MADHYA PRADESH MCRC-21356-2018 (MUKESH THAKUR Vs THE STATE OF MADHYA PRADESH) 1 Jabalpur, Dated : 14-06-2018 Shri Maneesh Kholia, learned counsel for applicant. Ms.Namrata Agarwal, learned G.A., for State. Heard.
This is the first bail application made by the applicant under Section sh 439 Cr.P.C., for grant of bail during trial, who is in custody since 24.5.2018 e in connection with Crime No.594/2017 registered at P.S. Bareli, District ad Raisen, for offence punishable under Section 363, 366, 376(2)(n) of IPC Pr and under section 5/6 of POCSO Act.
Learned counsel for applicant has argued before this Court that a applicant is aged about 25 years and prosecutrix is more than 20 years of hy age. He has enclosed an Aadhar card of the prosecutrix. It is submitted that ad they were in relationship and finally marriage has taken place between the parties, however the parents of the girl were against the marriage. A report M has been lodged in the matter.
Learned counsel for the State has opposed the application for grant of of bail. Her contention is that the girl at the relevant point of time was a rt minor, and the question of grant of bail does not arise. This Court has ou carefully gone through the statement of the girl given under section 161 and 164 of Cr.P.C. She has stated about the factum of marriage and Aadhar C reflects her age to be more than 18 years at the time when the incident took h place. However the factum of age of prosecutrix is certainly a ground of ig consideration.
H After hearing learned counsel for the parties, considering the totality of circumstances of the case and on perusal of the case diary, I am of the considered view that the application for grant of bail deserves to be allowed.
Accordingly the application is allowed. The applicant Mukesh Thakur, S/o Shri Sher Singh, is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises.
Certified copy as per rules.
(S.C.SHARMA) V. JUDGE Digitally signed by SANTOSH P MATHEWS Date: 2018.06.15 12:10:26 +05'30' M. sh e ad Pr a hy ad M of rt ou C h ig H