DEEPCHANDRA DAHAYAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Deepchandra Dahayat in crime no.272/2017 registered by P.S. Nagod, District Satna for the offence punishable under Sections 376, 456, 506 of the Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act, 2012. As per the prosecution case, the prosecutrix is 15 years 9 months old minor girl. On 13.05.2017 at about 10:00 p.m. the prosecutrix was alone at her home with her grand-mother. At that time, petitioner Deepchandra came and took her inside the room. He bolted the door from inside and thereafter raped her. The petitioner had been raping the prosecutrix in similar manner since previous Dussehra festival. Learned counsel for the petitioner has invited attention of the Court to the statement recorded under section 164 of the Code of Criminal Procedure given by the prosecutrix wherein she has stated that on the date of the incident she had gone to petitioner Deepchandra's house to bring petitioner Deepchandra to her home. They were sitting in the doorway talking to each other. At that time, her grand-mother came. Due to fear, she and the petitioner went inside and bolted the door. Thereafter, the grand-mother locked the room from out- side. They stayed inside the room throughout the night. In the morning, the police came and took them to the police station. It has further been submitted that the petitioner has been in custody since 14.05.2017 and the charge-sheet in the matter has been filed. Therefore, it has been prayed that the petitioner be released on bail.

(2.) Learned Government Advocate for the respondent/State on the other hand has opposed the application for bail mainly on the ground that the prosecutrix, on the date of the offence, was less than even 16 years of age.

(3.) However, keeping view the facts and circumstances of the case in their entirety, particularly the statement made by the prosecutrix under section 164 of the Code of Criminal Procedure wherein she has not leveled any allegation of rape against the petitioner and has stated that the petitioner did not entice or coerce her into a relationship but it was she who had gone to fetch him, in the opinion of this Court, the petitioner deserves to be released on bail. Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Deepchandra Dahayat, is allowed.