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Judgment
Sanjeev S Kalgaonkar, J
The first bail application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail who has been in judicial custody since 13.02.2023 in connection with Crime No.1157/2022 registered at Police Station- Kolgawan, District- Satna (M.P.) for the offence punishable under Sections 366 & 376 of Indian Penal Code, under Section 5/6 of POCSO Act, 2012 and under Section 3(2)(v) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to the prosecution case, the father of the victim lodged a missing report stating therein that on 30.08.2022, his daughter went to market place to purchase vegetable and did not return. On 03.09.2022 the victim was recovered and her statement under Section 164 of Cr.P.C. came to be recorded on 05.09.2022 in which she stated that she had gone voluntarily with the applicant due to the fear of her brother and visited several places and later on returned to her house.
In addition to the grounds mentioned in the application, learned counsel for the applicant submits that its a case of love affair between two young persons. Applicant was aged 20 years and victim was aged 17 years at the time of incident. The victim in her statement under Section 164 of Cr.P.C. specifically stated that due to fear of her family, she went to accused at her own volition and they both went to various places. She has not alleged that accused forced her for physical relationship. Investigation is complete and charge-sheet has been filed. Therefore, chance of tampering with investigation is ruled out.
Learned counsel further submits that the applicant resides at District-Satna with his family. So, there is no likelihood of his absconding leaving behind the family to suffer. Hence, the applicant may be granted bail.
Learned counsel for the State opposes the prayer and submits that in her statement under Section 161 of Cr.P.C., the victim has alleged forceful physical relation by the applicant. The counsel prayed for dismissal of the application
Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties, without commenting on the merits of the case, this Court is inclined to grant bail to the applicant in relation to Crime No.1157/2022 registered at Police Station- Kolgawan, District- Satna (M.P.) for the offence punishable under Sections 366 & 376 of Indian Penal Code, under Section 5/6 of POCSO Act, 2012 and under Section 3(2)(v) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and it is hereby directed that the applicant- Shivanshu Verma (Bari) shall be enlarged on bail upon 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 Trial Court and the applicant shall abide by the terms and conditions as enumerated under Section 437(3) of the Cr.P.C. The order shall be effective till the end of the trial, however, in case breach of any of the pre-condition of bail, it shall become ineffectively without reference to this Court.
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