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HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Puran Dhanak – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 10671/2024
BAIL - CONSENTING PARTY - POCSO ACT - SECTION 5(L/6) - INDIAN PENAL CODE - SECTION 363, 366-A, 376(2)(N) - BAIL GRANTED TO APPLICANT AS PROSECUTRIX WAS MORE THAN 17 YEARS OF AGE AND CONSENTING PARTY
Fact of the Case:
The applicant was arrested on 13.10.2023 in connection with Crime No. 408/2023, registered at Police Station Udaypura District Raisen for the offence punishable under Sections 363, 366-A, 376(2)(N) of the Indian Penal Code and Section 5(L/6) of POCSO Act. The prosecutrix was more than 17 years of age and had entered the bracket of 18 years.
Finding of the Court:
The court found that the prosecutrix was more than 17 years of age and had entered the bracket of 18 years. She was a consenting party. The applicant has been falsely implicated in the case of rape.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court held that considering the statement of prosecutrix and her age, the bail application filed by the applicant is allowed.
Final Decision: The applicant was directed to be released on bail on his furnishing 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.
ORDER
1 . This is first application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 13.10.2023 in connection with Crime No. 408/2023, registered at Police Station Udaypura District Raisen for the offence punishable under Sections 363, 366-A, 376(2)(N) of the Indian Penal Code and Section 5(L/6) of POCSO Act.
2 . Learned counsel appearing for the applicant submitted that prosecutrix is more than 17 years of age and has entered the bracket of 18 years. She was consenting party. Applicant has been falsely implicated in the case of rape. In these circumstances, applicant may be enlarged on bail.
3. Learned counsel appearing for the State as well as counsel for the objector have opposed the bail application and read over the statement of 164 Cr.P.C. 4. Heard learned counsel for the parties.
5. Considering the statement of prosecutrix and her age, bail application filed by the applicant is allowed.
6. It is directed that the applicant shall be released on bail on his furnishing 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.
7 . In addition to that the applicant shall also abide by the conditions enumerated in Section 437 (3) of Cr. P. C.. Certified copy as per rules.
(VISHAL DHAGAT) JUDGE AD/
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