KAMLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in Jail since 22/1/2023 in connection with Crime No. 14/2023 registered at P.S. - Nanpur District Alirajpur (M.P.) for commission of offence punishable under Sec. 363, 366, 378(2)(k), 376(2)(n), 341, 506, 34 of IPC and 5(L)/6, 7,8 of POCSO Act.

(2.) As per the prosecution story, on 17/1/2023 accused Govind, Kamlesh, Ratan, Abhaysingh, Kishore and Sunil have forcibly taken 17 years old minor victim from village Dhundhalwat Masni road at 5 pm. The accused took her on a motorcycle which was being driven by Kamlesh, who alongwith his brother, uncle aunt etc. was going toward Ambua. After that at 8-9 o'clock, the accused Samarth, Kamlesh and Abhay took the victim in a Bolero vehicle and took her to the forest of Borkund Vasaniya police station Pati, District Barwani, from where rest of accused came back but the accused Govind committed rape upon prosecutrix. Accordingly a case has been registered against the applicant. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 22/1/2023. Investigation is over and charge sheet has been filed. The applicant is not the main accused who has committed rape upon prosecutrix. The allegation against the applicant is that he has abducted the prosecutrix. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that prosecutrix was minor at the time of incident.

(3.) Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that limited allegation has been levelled against the applicant for committing offence of abduction of prosecutrix with the help of main accused but he is not the main accused who has committed rape upon the prosecutrix, applicant has no criminal past, but final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000.00 (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C. Certified copy as per rules.