SITASHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of petitioner Sitasharan in Crime No.86/2017 registered by P.S. Chachai, District Anuppur under sections 363, 366 (ka), 376, 376 (2-n) of the I.P.C. and 3/4 of the POCSO Act, 2012. As per the prosecution case, the prosecutrix was a 16 years and one month old minor girl on the date of the offence. On 6.4.2017, the petitioner enticed the prosecutrix on the promise of the marriage and kidnapped her from lawful guardianship of her father. He had taken the prosecutrix to Ahmad Nagar, where they stayed for a period of 2 months. During aforesaid period, the petitioner established physical relationship with the prosecutrix, thrice. Learned counsel for the petitioner has invited attention of the Court to the statement made by the prosecutrix under Section 164 of the Cr.P.C., wherein she has stated that the petitioner had not enticed her but she had accompanied the petitioner of her own free will and accord. The element of coercion and enticement is missing in the case. It has further been submitted that though, the prosecutrix was a minor, she had attained the age of knowledge and understanding. The petitioner has been in custody since 26.5.2017; therefore, it has been prayed that the petitioner be released on bail. Learned panel lawyer for the respondent/State on the other hand has opposed the bail application.

(2.) Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the petitioner in the opinion of this Court, the petitioner deserves to be released on bail. Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of petitioner Sitasharan, is allowed.

(3.) It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.