Madhya Pradesh High Court
Neeraj @ Nijju Namdeo vs The State Of Madhya Pradesh on 13 June, 2016
MCRC-5893-2016
(NEERAJ @ NIJJU NAMDEO Vs THE STATE OF MADHYA PRADESH)
13-06-2016
Shri Y.K. Gupta, learned counsel for the applicant.
Shri A.N. Gupta, learned P.L. for the respondent/State.
Heard.
This is first bail application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 12.02.2016 by Police Station Magrone, District Damoh M.P. in relation to Crime No. 86/2014 registered for the offences punishable under Section 376, 363, 366, 366A of IPC read with Section 5/6 of POCSO Act, 2012. According to the prosecution story, it is alleged that applicant/accused kidnapped prosecutrix from the custody of her parents with a view to compel her for marriage against her will or to force her for illicit intercourse and thereafter committed rape with her. On behalf of the applicant/accused, it is contended that he has been falsely implicated in this case. As per the marksheet of 8th class, date of birth of prosecutrix is 20.07.1996. Accordingly at the time of incident, she was above18 years of age and she accompanied with him willfully to marry and the marriage also taken place with her consent but thereafter, under the pressure of her parents false statement has been given to the police. In view of the aforesaid circumstance, prayer is made to enlarge the applicant/accused on bail. Learned P.L. for the respondent/State has opposed the bail and prayed for rejection for the same. On behalf of the applicant/accused one affidavit of prosecutrix has been filed in which date of birth is mentioned as 20.07.1996 and the prosecutrix has married with the applicant/accused and living as husband and wife. The truthfullness of the aforesaid affidavit is not challenged by the prosecution. Considering the overall facts and circumstances of the case and perusal of record but without commenting on the merits of the case, this Court is of the opinion that applicant-accused is entitled to bail. It is directed that the applicant Neeraj @ Nijju Namdeo shall be released on bail on his furnishing a personal bond in the sum of Rs. 30,000/- (Rs. Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C. M.Cr.C. stands disposed of.
CC as per rules.
(J. P. GUPTA) JUDGE pm