BALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 21/3/2023 in connection with Crime No.159/2023 registered at Police Station Civil Line (Dehat), District Vidisha for the offence punishable under Ss. 342, 354GHA, 376, 506 of IPC.

(2.) Prosecution story, in brief is that on 17/3/2023 at about 10:00 hours the prosecutrix was going to give his mother's mobile, the applicant on the way took her forcibly to her grandmother's house and committed rape upon her. Learned counsel for the applicant submits that as per prosecution case itself, prosecutrix was major at the time of incident. From the statement recorded during investigation under Sec. 161, it is apparent that she was voluntarily went with the applicant at her grandmother's house where other family members were also present. She was consenting party and no offence is made out against the applicant. The applicant is in custody since 23/3/2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State has vehemently opposed the prayer.

(3.) Heard the learned counsel for both the parties. Having considered rival submission, material pointed out by learned counsel for the applicant, age of the prosecutrix, statement of the prosecutrix recorded during investigation under Sec. 164 of Cr.P.C and also considering the MLC report, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.