Mohan vs State Of Madhya Pradesh And Others

Shailendra Shukla, J

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant Mohan is implicated in Crime No.369/2021 registered at Police Station

– Agar, District Agar (Malwa) M.P. for the offence punishable under Sections 363, 366 of the Indian Penal Code, 1860 and 11/12

of POCSO Act. The applicant is in custody since 16.05.2021.

As per prosecution story, the prosecutrix is a minor who had left the house and the applicant had taken her at Ujjain in the relative's house. The

relative of the applicant told both of them that it is not appropriate to do such an act and thereafter they decided to go back and during the way back

they were apprehended by the Police on the same day.

Learned counsel for the applicant submits that challan has been filed in this case. He further submits that applicant is 19 years on age and there is no

allegation of rape against him. He is in custody since 16.05.2021. On these grounds bail has been sought.

Learned Public Prosecutor appearing for the respondent/State opposes the bail application.

Considered.

In view of the submissions made by counsel for the parties and the fact that challan has been filed and the applicant is only 19 years of age, a case is

made out for grant of bail and therefore, without commenting upon the merits of the case, this bail application is being allowed and it is directed that

the applicant be released on bail subject to his furnishing a 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 concerned Committal Court/Trial Court for his regular appearance before Committal Court/Trial

Court on all of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the

conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.