Rammohan vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

These first applications under Section 439 of the Cr.P.C. have been filed by the applicants for grant of regular bail relating to F.I.R. No.28/2024 dated 15.1.2024 registered at Police Station Aamla, District Betul (M.P.) for commission of offence under Sections 376(2)(n), 376, 109 of IPC; under Section 5l/6, 16 & 17 of POCSO Act & under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006. The applicants are in detention since 16.1.2024.

As per the prosecution story, on 15.1.2024, 16 years, 06 months and 2 days old prosecutrix submitted an application in writing before Police alleging that on 15.11.2023 her mother, father and brother took her in their ancestral house at Village Sirsakala, Uttar Pradesh and despite her non-willingness, solemnized her marriage with Balram Kushwaha. When she asked her parents not to perform her marriage, they beat up her. On 07.12.2023, her marriage was performed with Balram Kushwaha and in the night of 7.12.2023, Balram Kushwaha knowing that she is a minor, forcibly established physical relations with her and continuously committed rape/ aggravated penetrative sexual assault upon her for six days. She was brought back to Amla on 15.12.2023. On 13.1.2024 she narrated the entire story to her elder sister. On the basis of written complaint by daughter, her parents and Balram have been arrested and since then they are in jail.

Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that they are in jail for last four months. The maximum punishment is two years under Prohibition of Child Marriage Act, 2006, After investigation charge sheet has already been filed. Trial of the case will take time. Therefore, it is prayed that applicants may be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed grant of bail to the applicants.

Having taken into consideration the quantum of punishment and detention period of the applicants and the fact that charge sheet has already been filed and final conclusion of the trial will take considerable time, but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pre trial detention of the applicants is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicants - Rammohan & Seema Kushwaha be released on bail on their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.