Madhya Pradesh High Court
Jitendra vs The State Of Madhya Pradesh on 18 April, 2016
M.Cr.C. No. 3374/2016
18.04.2016
Shri A.K.Saraswat, learned counsel for the applicant.
Shri Bhuwan Deshmukh, learned G.A. for non-applicant/State.
ORDER
This is first bail application under 439 of Cr.P.C.. The applicant is arrested in connection with Crime No.31/16 registered at P.S. Shivgarh, District Ratlam for the offence punishable under Sections 376 and 506 of the IPC and sec.3/4 of POCSO Act.
2. As per prosecution case, on 22.6.2015 complainant was grazing her goats in the jungle. Applicant seeing her alone came and asked whether she had seen his goats, when complainant denied, he caught hold her, closed her mouth and committed sexual intercoruse against her will. He also threatened her.
3. Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely been implicated. Report of the incident has been lodged after more than 7 months, the victim is a major girl, chargesheet has been filed, the applicant is under custody since 11.2.2016 and the conclusion of trial is likely to take time, hence prayed for release of the applicant.
4. Learned G.A. appearing for non-applicant/State opposed the bail application and prayed for its rejection.
5. Perused the case diary. As per medical report, secondary sexual characters have been found well developed. As per school record the date of birth of the victim has been mentioned as 12.06.1998. In the statement recorded u/s 164 Cr.P.C. the victim has stated that she had narrated the incident to her parents on the date of incident. Taking into consideration the age of the victim and the fact that report of the incident has been lodged after more than 7 months of the incident and no reason has been assigned for delay in lodging the FIR, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant will co-operate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he/she is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(D.K. Paliwal) Judge mk