RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 13.04.2019, in connection with Crime No.120/2019, registered at Police Station Shamshabad, District Vidisha, for the offence punishable under Sections 363, 366, 376(2)(n)(i), 342, 506 of IPC and Sections 7/8, 3/4 and 5/6 of Protection of Children from Sexual Offences Act, 2012. It is the submission of learned counsel for the applicant that a false allegation has been leveled against the applicant in the case in hand. The applicant is suffering confinement since 13.04.2019. The contents of statement of prosecutrix recorded under Section 164 of Cr.P.C. indicates that she lived with the applicant for 20 days and it is highly improbable that without raising any alarm, she continued to live with the applicant. Charge-sheet has already been filed and confinement since 13.04.2019 amounts to pre trial detention. He undertakes to cooperate in the investigation as well as in the trial and would make himself available as and when required. Learned counsel submits that the applicant would not be a source of embarrassment or harassment to the complainant party. He further contends that the applicant intends to perform some community service. Therefore, applicant prayed for grant of bail Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.

(2.) Heard the learned counsel for the parties and perused the case diary. Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on the merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount, to the satisfaction of the Trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

(3.) This order will remain operative subject to compliance of the following conditions by the applicant:-