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2022 Supreme(MP) 1345

IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Manish Patel – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 57895 of 2022
Decided On : 08-12-2022

Advocates Appeared:
S.K. Kushwaha, Advocate, D.K. Shrivastava, Advocate, A.K. Pandey, Advocate
Final Result : Allowed

Headnote:

Bail - Criminal Procedure - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case. The applicant was directed to be released on bail on furnishing a personal bond and surety, with specific conditions to abide by.

Fact of the Case:

The applicant was arrested in connection with an offense under Sections 363, 366, 376, 376(2)(n) of the IPC and Sections 3/4, 5/6 of the POCSO Act. The applicant claimed innocence and cited a consensual relationship with the prosecutrix.

Finding of the Court:

The court allowed the bail application, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case. The applicant was directed to be released on bail on specific conditions.

Issues: The main issue was the grant of bail to the applicant who was arrested for serious offenses.

Ratio Decidendi: The court considered the statements of the prosecutrix and the submissions of the applicant's counsel, and decided to grant bail based on the facts and circumstances of the case.

Final Decision: The bail application filed by the applicant was allowed, and the applicant was directed to be released on bail on specific conditions.

JUDGMENT

Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Applicant has been arrested on 18.11.2022 in connection with Crime No.729/2022 for offence under Sections 363, 366, 376, 376(2)(n) of the IPC and Sections 3/4, 5/6 of the POCSO Act registered at Police Station-Ranjhi, District-Jabalpur (M.P.).

3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 18.11.2022. Applicant is a young man aged about 23 years with no criminal past. He was having love affair with the prosecutrix and both of them have established relationship with consent. On these grounds, he prayed that applicant may be enlarged on bail.

4. Learned Government Advocate appearing for the State read over the statement of prosecutrix. Prosecutrix had admitted the fact that she had love relationship with the applicant. Prosecutrix is aged about 16 years.

5. Learned counsel appearing for Objector has no objection if applicant is released on bail.

6. Heard the counsel for the parties.

7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

    (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

    (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

    C.C. as per rules.

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