PANKAJ BAGHEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail who has been arrested on 2/5/2023 by Police Station City Kotwali, District Bhind (M.P.) in connection with Crime No.97/2023 registered for the offence punishable under Ss. 363, 376 of IPC and Ss. 5/6 of POCSO Act. Allegation against the present applicant-accused is that he abducted the prosecutrix and committed rape upon her.

(2.) Learned counsel for the applicant/accused argued that applicant is innocent and h a s been falsely implicated. It is further argued that entire prosecution story is highly improbable and unbelievable because the prosecutrix in her statement recorded before the Magistrate u/S.164 of Cr.P.C. on 28/3/2023 has not corroborated the case of prosecution that present applicant/accused committed rape upon her. However, on 3/4/2023, in her statement, she improvised her earlier version and made allegation against the present applicant/accused about rape, but she failed to explain why she did not tell the same fact earlier. The applicant is in custody since 02/05/2023. The applicant has no criminal antecedents and he is permanent resident of District Bhind (M.P.) and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant. Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record.

(3.) Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.