Suresh vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.83/2019 registered at Police Station Varkheda, District Ratlam (MP) for offence punishable under Sections 376 (,] ch) and 376 (2) (p) and 506 of

the Indian Penal Code, 1860 and also under Sections 5, 5 (e), 5 (,u) read with Section 6 and Section 3 (A) and 3 ([k) read with Section 4 of the

Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 09.08.2019.

As per prosecution case, on 05.08.2019 at about 08.00 AM, present applicant Suresh (father of eight years old girl) called her daughter (prosecutrix)

in his room for searching a box. He sexually abused, committed unnatural sexual acts and sexually assaulted her. Hence, the case has been registered

against the present applicant.

Learned counsel for the applicant has submitted that the prosecutrix, her brother, sister, mother and maternal grand father have already been

examined before the trial Court; and they do not support the prosecution story and turn hostile. Under these circumstances, no alleged offence is made

out against the applicant. The applicant is in custody since 09.08.2019. The investigation is over and charge sheet has already been filed. Conclusion of

the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that the prosecutrix is the

minor girl aged about eight years and she is the daughter of the present applicant. She made complaint against the applicant that he inserted his finger

in her vagina and also entered penis in mouth of the prosecutrix. Under these circumstances, he submits that no sufficient ground is made out for

releasing the applicant on bail; hence he 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.

Certified copy, as per rules.