An accused in a POCSO case may be granted bail if the prosecutrix was a consenting party and there is no evidence to suggest that the accused abetted her suicide.

ORDER

This is second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.156/2022 registered at Police Station-Govindgarh, District-Rewa (MP) for the offence under Sections 376(3) & 305 of IPC & Section 3, 4 of POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Prosecutrix was consenting party. Father had seen applicant along with prosecutrix, therefore, false report has been lodged after prosecutrix committed suicide. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that father is eye-witness of the incident. 4. Heard learned counsel for the parties.

5. On going through the facts of the case, it is found that father has seen prosecutrix along with applicant, thereafter, applicant ran away from spot.

Father along with prosecutrix came back to his house and then went to work.

He did not lodge any police report against applicant. Later on, proseuctrix has committed suicide and report has been lodged.

6. Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on 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 concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. 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 she is accused, or suspected of the commission of which she 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.

8. Certified copy as per rules. (VISHAL DHAGAT) JUDGE nd (VISHAL DHAGAT) JUDGE nd