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2024 Supreme(Online)(MP) 38535
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S KALGAONKAR, J
Vikram – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 50930/2024
Nilesh Dave,Advocate General
Bail can be granted when the accused has no criminal antecedents, poses no flight risk, and the evidence against him is weak, especially regarding the victim's age.
Headnote:(A) BNSS, 2023 - Sections 137(2), 64, 87, 351(3) - POCSO Act - Sections 3/4 - Bail application - Applicant in judicial custody since 21.08.2024 for allegedly enticing a minor and committing sexual assault - Prosecution claims victim is 17 years and 5 months old, while victim claims to be 19 years old - Applicant argues false implication and lack of evidence against him - Court finds no criminal antecedents, no likelihood of absconding, and allows bail application. (Paras 1-4)
(B) Bail - Conditions for granting bail - Factors such as the gravity of the alleged offence, duration of custody, and likelihood of absconding are considered. (Paras 4-5)
Facts of the case:
The applicant, Vikram, was arrested for allegedly committing sexual assault on a victim who was reported to be a minor. The victim's age is contested, with her claiming to be 19 years old. The applicant has been in custody since his arrest on 21.08.2024.
Findings of Court:
The court is inclined to release the applicant on bail due to the lack of evidence against him, absence of criminal history, and no risk of absconding.
Issues: The key issues addressed include the credibility of the victim's age, the evidence against the applicant, and the implications of the alleged offence.
Ratio Decidendi: The court ruled that the absence of prior criminal antecedents and the victim's claim of being an adult, along with the lengthy trial process, justified the granting of bail.
Result: The application for bail is allowed, and the applicant shall be released upon furnishing appropriate bonds.
This first application has been filed by applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.287/24 registered at Police Station Nahargarh, District Mandsaur(M.P.) for offence punishable under Section (s) 137(2), 64 87, 351(3) of BNS, 2023 and under Section 3/4 of POCSO Act. The applicant is in judicial custody since 21.08.2024.
As per the case of prosecution, applicant - Vikram has enticed and taken the victim aged around 17 years and 5 months with him and committed sexual assault on her. On such allegations PS Nahargarh, District Mandsaur(M.P.) registered FIR at crime No.287/24 for offence punishable under Section 137(2), 64 87, 351(3) of BNS, 2023 and under Section 3/4 of POCSO Act. Applicant was arrested on 21.08.2024. He is in custody ever since. On completion of investigation, final report was submitted. The trial is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter under the pressure of family members of the victim.
No offence as alleged is committed by applicant. The victim has informed that she is major. The determination of age during investigation is doubtful.
Victim(PW1) in her evidence has made no allegation against the applicant.
Further, she has stated that her age is 19 years. Learned counsel further submits that applicant is aged around 21 years. He is a labourer. There is no likelihood of his absconsion leaving his family, home and profession. No criminal antecedents is reported against the applicant. There is no likelihood of tampering with the remaining evidence by the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.
Heard learned counsel for both the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall circumstances of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant-Vikram S/o Satyanarayan Dangi shall be released on bail in connection with Crime as stated in para-1 of this order, upon furnishing personal bond and surety bond of amount, as may be considered appropriate by the Trial Court/the Committal Court for compliance with conditions, as may be imposed by such Court 2 MCRC-50930-2024 NEUTRAL CITATION NO. 2024:MPHC-IND:34139 NEUTRAL CITATION NO. 2024:MPHC-IND:34139 MCRC-50930-2024 to secure presence of the applicant for the trial under Section 437(3) of Cr.P.C., 1973/Section 480(3) of BNSS, 2023.
This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the concerned Court may consider, on merit, cancellation of bail without any impediment of this order.
The concerned trial court shall get the conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of the them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
