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HIGH COURT OF MADHYA PRADESH
N.K. Gupta, J.
Krishna Kumar Tiwari v. State of M.P.
Miscellaneous Criminal Case No. 11946 of 2013 (J);
Decided on 21.10.2013.*
naM ÁfØ;k lafgrk] 1973 & /kkjk 439 & naM lafgrk] 1860 & /kkjk 342] 376 rFkk 506 & ySafxd vijk/kksa ls ckydksa dk laj{k.k vf/kfu;e] 2012 & /kkjk 3 rFkk 4 & tekur ds fy, vkosnu & cykRlax dk vfHkdfFkr vijk/k & vfHk;ksD=h dk ;ksfuPNn v{kr & tekur eatwjA ¼iSjk 2 ,oa 4½
1. The applicant is in custody since 29.7.2013 in connection with Crime No. 333/2013 registered at Police Station, Rehli, District Sagar for the offences punishable under sections 342, 376, 506 of IPC and section 3/4 of the Protection of Children from Sexual Offences Act, 2012.
2. Learned counsel for the applicant submits that the applicant is a youth of 23 years of age, who has no criminal past alleged against him. He is falsely implicated in the matter. It is alleged that the applicant had committed rape upon the prosecutrix, aged 13 years. However, the ossification report reflects that she was 16-17 years of age. The hymen has found intact, which indicates that no sexual assault has taken place. However, the external injuries could be caused due to other reason. No offence under section 3/4 of Protection of Children from Sexual Offences Act, 2012 is made out against the applicant, whereas remaining offences are bailable. The applicant is in custody since 29.7.2013 without any substantial reason. Under such chage circumstances the applicant prays for bail.
3. Learned counsel for the State opposes the application.
4. Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under section 439 of CrPC filed by the applicant viz. Krishna Kumar Tiwari may be accepted. Consequently, it is hereby allowed.
5. It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs. 35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.
6. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
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