IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT nd ON THE 2 OF DECEMBER, 2022 MISC. CRIMINAL CASE No. 51572 of 2022 BETWEEN:-

SUNNY KOL S/O LATE SARMAN KOL, AGED ABOUT 20 YEARS, OCCUPATION: LABOURER VILLAGE GAURHA, KULYANA MOHALLA, PS SIHORA, DISTRICT JABALPUR (M.P.) (MADHYA PRADESH)

.....APPLICANT (BY SHRI AHADULLA USMANI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SIHORA DISTRICT JABALPUR (M.P.) (MADHYA PRADESH)

2. VICTIM D/O NOT MENTION NOT MENTION (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 22.03.2022 in connection with Crime No.204/2022 for offence under Sections 376, 376(2)(n), 366 of the IPC and Sections 3/4, 5(l), 6, 5j(ii) of the POCSO Act registered at Police Station-

Sihora, District-Jabalpur, (M.P.).

Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 22.03.2022. Applicant was having love affair with the prosecutrix. Prosecutrix at the time of incident was aged more than 17 years. It is submitted that when prosecutrix realized that she is pregnant she lodged FIR against the applicant. Prosecutrix has already been examined in Court. On these ground, he prayed that applicant may be enlarged on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that prosecutrix is pregnant and applicant will be required to give DNA sampling. If applicant is released on bail then DNA sampling cannot be done. In circumstances, he prayed for rejection of bail application.

Heard the counsel for the parties.

Applicant is in jail since 22.03.2022. Most of the witnesses have been examined in Court. Prosecutrix was aged more than 17 years at the time of incident. There was also delay in lodging of FIR.

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 on condition that applicant will make himself available before Investigating Officer for collection of DNA sampling when request is made to him by Investigating Officer. If applicant fails to make himself available before Investigating Officer for collection of DNA sampling then prosecution will be at liberty to file application for cancellation of bail.

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 and security 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.

The applicant shall also 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.

(VISHAL DHAGAT)

JUDGE shabana SHABANA ANSARID2p.siN5rgeti:4utcl:daN=l0Iyn s,omg.ncreB6IdGf34byCFES7:OH8UARB3T5C1+N4F Mb'E60SDHBRY7I 94P3e8fFE1ScH5,0 do2u987=HfF1IG64D3E Ca5OdUA6,R8T9E35F2BM9A103DH6YEa5 P0RC73FD4E2SH, p7o1staclnCSdHe=A4B82N01, stS=MRIadhyPrdesh,