Sonu Ahirwar vs State Of M.P

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 1.12.2020 in connection with Crime No.1071/2020 registered by Police Station Kotwali, District Guna for offence punishable under Section 376(2)(n), 342, 506 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the date of birth of the prosecutrix is 6.4.2002 whereas the incident took place on 28.11.2020. Thus it is clear that she was major on the date of incident and that is why the police has not filed the charge sheet under POCSO Act, 2012. It is submitted that according to the prosecutrix she was waiting for an auto at Jai Stambh Square. At that time, she met with the applicant who was known to her and he offered a lift that he would leave her to her maternal grandfather's house. She accepted the lift and thereafter the applicant offered that they may go to Nihal Devi Temple for offering prayer. The prosecutrix went with the applicant to Nihal Devi Temple where they stayed in a room of a Dharmshala. It is alleged that in the night the applicant raped her thrice and on the next day, at about 10:00 AM he left her near the house of her maternal grandfather. It is submitted that Nihal Devi Temple is 70 Kms. away from Jai Stambh.

It is the case of the prosecutrix herself that she accepted the offer made by the applicant to visit Nihal Devi Temple. The applicant and the prosecutrix stayed in the night in Dharmshala where it is alleged that the applicant committed rape thrice. If the prosecutrix was not the consenting party, then she could have raised an alarm but it appears that she did not make any resistance. The applicant is in jail from 1.12.2020. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

Certified copy as per rule.