Dhananjay vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is first Criminal Appeal filed under Section 14-A(2) of SC & ST (PA) Act for grant of bail to the appellant, relating to FIR/Crime No.9/2024 registered at P.S. Sardarpur, District Dhar (M.P.) for commission of offence punishable under Sections 366, 343, 506, 376, 376(2)(n) of IPC and under section 3(2)(v) and 3(1)(r) of SC/ST Act.

It is alleged that appellant had abducted the prosecutrix and taken her to Kushalgarh (Rajasthan) where he kept her in a rented room for 3 months and committed rape with her.

Counsel for the appellant submits that prosecutrix is a major girl and as per her own version, she had gone along with appellant and stayed with him for a period of 3 months. She did not raise any alarm at any stage which shows that she was a consenting party.

Counsel for the State opposed the prayer.

After hearing learned counsel for parties and considering the facts of the case that prosecutrix is a major girl and she had gone along with appellant on motorcycle to Rajasthan and stayed in a rented house for a period of 3 months, I am of the view that prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the Appeal is allowed.

It is directed that Appellant - Dhananjay shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.