Ajay Solanki vs State of Madhya Pradesh

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2022 Supreme(MP) 1425

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Ajay Solanki – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.2750 of 2022
Decided On : 18-01-2022

Important Points

The court's decision on the bail application was based on the facts and circumstances of the case, without commenting on the merits of the case, and the conditions imposed for the release of the accused.

Subject

Criminal Law - Bail Proceedings

Act Referred

CRIMINAL PROCEDURE CODE : S.437(3), S.439
INDIAN PENAL CODE : S.363, S.366
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.11, S.12, S.7, S.8

Headnote

Bail - Offences under IPC and POCSO Act - The court allowed the bail application, directing the release of the accused on bail with certain conditions, considering the facts and circumstances of the case and without commenting on the merits of the case.

Fact of the Case:

The applicant was in custody in connection with offences under sections 363, 366 of IPC and under Section 7/8 & 11/12 of POCSO act, 2012. The prosecution alleged that the applicant abducted the prosecutrix, while the defense claimed innocence and false implication.

Finding of the Court:

The court allowed the bail application, considering the facts and circumstances of the case, without commenting on the merits of the case.

Issues: Grant of bail under section 439 of Cr.P.C. in a case involving serious offences under IPC and POCSO act.

Ratio Decidendi: The court considered the facts and circumstances of the case, without commenting on the merits of the case, and allowed the bail application.

Final Decision: The court directed the release of the applicant on bail with certain conditions, including furnishing a personal bond and compliance with the provisions of Section 437(3) Cr.P.C., and following COVID-19 guidelines.

Advocates Appeared:
Anupam Chouhan, Advocate, Nisha Jaiswal, Advocate
Final Result : Allowed

JUDGMENT

Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 11/08/2021 in connection with Crime No.593/2021 registered at Police Station - Barwani, District Barwani(M.P.), for the offence punishable under sections 363, 366 of IPC and under Section 7/8 & 11/12 of POCSO act, 2012.

According to the prosecution case, a missing report was lodged by the complainant - Isram stating that on 08/08/2021 when his daughter had gone to the market with her friend Sanjeela and when they were on the way to market, the present applicant came on a motorcycle and took the prosecutrix with him. On the basis of the aforesaid, a case has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the prosecutrix had gone with the applicant according to her own wish. There is no iota of material to show that the applicant has committed any offence with the prosecutrix. He further submits that at the most offence under Section 363 of IPC is made out against the present applicant, which is a bailable offence, but no case under Section 366 of IPC is made out against him. The investigation is over and charge-sheet has been filed. The applicant is in custody since 11/08/2021. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his furnishing a 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 the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.