The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.

JUDGMENT

Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested on 14.09.2022 by Police Station- Kotwali, District Vidisha (MP), in connection with Crime No.308/2022 for the offence punishable under Sections 363, 366, 376(2)(n), 363/34 of IPC and 3/4 of POCSO Act.

3. In brief, the prosecution case is that on 04.06.2022, mother of prosecutrix lodged a report at Police Station Kotwali District Vidisha against one unknown person that her daughter aged about 16 years and 8 months (the prosecutrix) who is studying in 10th standard, at 2:30 PM, by saying her that she alongwith Mona Soni is going to parlor, left the home but she did not return back. When she telephoned Mona, she told her that she did not call the prosecutrix. Thereafter she went to parlor and search the prosecutrix but she could not be traced out. Somebody persuaded her to go with him. On her report, missing report No.95/2022 and crime No.308/2022 for the offence punishable under Section 363 of IPC was registred. Thereafter on 07.06.2022, prosecutrix was rescued. Her statement was recorded on the same day. As per her statement, she is aged about 16 years and 8 months and studying in 10th standard. On 04.06.2022 by saying her mother that she is going to parlor, she left the home. By chasing her, present applicant alongwith his friend Chhotu came on motorcycle and asked her to go with him, otherwise he will falsely implicate her family members under threat to kill himself. Due to fear, she sat on his motorcycle. His friend chhotu got down from the motorcycle at Sanchi and present applicant took her to Bhopal at his mousi's house. When his Mousi came to know that prosecutrix is minor, she refused to shelter them. Thereafter applicant took her at his friend's house but his house was locked. Thereafter applicant took her at the house of Mousi's son at Mandideep but since prosecutrix was minor, he refused to shelter them but due to night he allowed them to take shelter in his house where in a room applicant forcibly committed sexual intercourse with the prosecutrix. Thereafter on the next day morning by saying her that he is going to bring documents for solemnizing marriage, he went to Vidisha. At that time police called on his mobile due to which he left the prosecutrix on the highway. On the pretext of marriage, applicant committed sexual intercourse with the prosecutrix. Prosecutrix was medically examined. Applicant accused was arrested on 14.09.2022.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. After investigation, charge sheet has been filed and therefore, further custodial interrogation of the applicant is not necessary. The applicant is in custody since 14.09.2022. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

5. Learned counsel for the State vehemently opposed the application and prayed for its rejection.

6. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.10,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

7. He will present during trial before the trial Court on each and every date. In case of any default, cash surety of Rs.10,000/- shall be forfeited without giving any notice.

8. Application stands allowed and disposed of.

9. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.