Lakshya vs State Of Madhya Pradesh

They are heard. Perused case diary / challan papers. This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated  in  connection  with  Crime  No.611/2019 registered at Police Station Kishanganj, Indore District Indore (MP) for offence punishable under  Sections 327, 329, 201, 354 (d),  354 (x),  354  (?k), and 506 of the Indian Penal Code, 1860.

As per prosecution case, on account of harassment and criminal force with intent to outrage her modesty, the victim jumped from roof of the College. Hence, the present case has been registered against the applicant.

The applicant is in custody since 06.01.2020. Learned Senior Counsel for the applicant has submitted that the applicant is youth aged about 18 years; and he is not having any criminal record. It is further submitted that from perusal of the FIR and the statement of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973, it appears that the prosecutrix and the applicant loves to each other; and they also talk to each other frequently. The victim herself sent her nude photographs on mobile phone of the applicant. It is further submitted that it is alleged that the applicant threatened the victim, that if she will not continue relationship with him, then he will send photographs of the victim to her parents through whats app on mobile phone, and also narrate to her family members about their friendship; and due to fear the victim jumped from roof of the college, but it is apparent from her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, that the applicant made a call to mother of the victim; and narrated her about their friendship. However, neither the victim nor her parents made any complaint against the applicant regarding harassment. Call details of mobile phone of the applicant with victim also disclose that victim herself made calls to the applicant on his mobile phone. It is further submitted that the applicant is in custody since 06.01.2020; and he is not required for further interrogation. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on bail. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned Senior Counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh as well as the learned counsel for the objector oppose the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence they prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.