MANISH KIRAR Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the bail application.

(2.) THIS is second bail application under Section 439 of Cr.P.C. The first bail application has been dismissed as withdrawn vide order dated 12.2.2014 passed in M.Cr.C. No.822/2014. The applicant has been arrested in Crime No.728/2013 registered at Police Station, Bahodapur, Gwalior, District Gwalior, under Sections 363, 366, 376 of IPC. As per the prosecution case, Suresh has lodged a report that his daughter has left the house. She also took away cash of Rs.15,000/ -, golden necklace costing Rs.62,000/ - and her cloths. On it missing report was lodged. During enquiry daughter of the complainant was recovered on 18.11.2013. Her statement was recorded in which she has stated that three days prior to Deepawali the Ravi asked her to meet at 10.00 PM and also asked to bring cash of Rs.14,000/ -. When she stated that if she would not meet him what will he do, then Ravi told that he would kill her father and brother. Due to this she took out cash of Rs.14,000/ - and golden necklace and left the house at 10.30 PM. Ravi met her he took her to Railway station and applicant also meet her. They took her by Karnataka Express. Ravi left the train at the platform. The applicant asked that whether she brought the cash or not, then she has given Rs.10,000/ - to the Ravi. The applicant took her to Bangalore and thereafter took to Chintamani, where room was taken on rent, where he has committed sexual intercourse with her.

(3.) THE application is opposed by learned Panel Lawyer. Case diary perused. As per the medical report of the victim, it appears that no marks of injuries have been found. Hymen was found torn. As per the school mark sheet date of birth has been mentioned as 21.1.1997. Thus, on the alleged date of commission of offence her age appears to be 17 years. No radiological examination has been conducted for ascertaining age of the victim. Considering that the victim was brought to Railway Station by the co -accused and applicant met her there and then the applicant and co -accused took her to Bangalore, the applicant is in custody since 18.11.2013, trial yet to begin, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/ - (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.