Madhya Pradesh High Court
Jahid Khan @ Shera vs The State Of Madhya Pradesh on 28 October, 2015
MCRC-16558-2015
(JAHID KHAN @ SHERA Vs THE STATE OF MADHYA PRADESH)
28-10-2015
Shri Brijesh Choubey, Advocate for the applicant.
Shri Akshay Namdeo, Panel Lawyer for the respondent/ State
Heard the learned counsel for the parties.
This is repeat application of the applicant whereas his previous application was dismissed on 25.08.2015 being withdrawn. The applicant has an apprehension of his arrest relating to crime No.877/2015 registered at Police Station Kotwali, District Narsinghpur, for the offences punishable under Sections 354 (A)(i)(ii), 453 of IPC and Sections 11 and 12 of POCSO Act. Learned counsel for the applicant submits that the applicant is a youth of 22 years of age, who do not have any criminal past alleged against him. Initially the prosecutrix was shown to be 15 years old and she had lodged an FIR that the applicant committed an offence under Section 11/12 of POCSO Act, however, at present the prosecutrix and her father have given affidavits that the prosecutrix was above 18 years of age and marriage of the applicant with the prosecutrix took place with free consent of the prosecutrix. The affidavits are duly verified by the concerned SHO and found correct. Under these circumstances, the alleged act against the applicant is not a crime but it may be a pre-marital love affair. No alleged offence is made out against the applicant. The police is unnecessarily harassing the applicant. Consequently, he prays for bail of anticipatory nature.
Learned Panel Lawyer for the State opposes the application. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that the applicant may be enlarged on anticipatory bail. Consequently application under Section 438 of Cr.P.C. filed by the applicant is hereby allowed.
It is directed that in the event of arrest, present applicant Jahid Khan @ Shera shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation officer). The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Bail under Section 438 of the Cr.P.C. is given for a limited period, so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who shall consider his application under Section 437 or 439 of the Cr.P.C.
Certified copy as per rules.
(N.K. GUPTA) JUDGE