Suresh Raut vs State Of Madhya Pradesh And Others

Vinay Saraf, J

This is third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant-Suresh Raut S/o Shobharam Raut for grant of regular bail in connection with Crime No.347/2024, registered at Police Station Multai, District Betul under sections 376(3), 376(2)(n), 376(2)(f), 376(2)(L), 506 of IPC and under sections 5(L)/6, 5(j)(ii)/6, 5(k)/6, 5(n)/6 of POCSO Act, 2012.

2 . Counsel for the State submits that the intimation/notice of this application has already been served upon the parents of the victim.

The prosecution case in brief is that the applicant threatened the victim, took her in a hut, forcibly made physical relations and committed sexual offence of rape. Thereafter, he repeatedly committed the offence at his own home. Later on when the victim went to the hospital, in the toilet she suffered with miscarriage and the incident was informed to the police by the staff of the doctor. Thereafter, FIR was registered. Accused was arrested on 19.04.2024 and since then he is in custody.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He has not committed any offence. He further submits that the statement of the victim has already been recorded during trial and she has not supported the prosecution case. Copy of the statement of victim has been placed on record, which shows that she has not supported the prosecution case. He prays for enlarging the applicant on bail.

5 . Counsel for the respondent/State opposed the bail application on the ground that sufficient material is available against the present applicant. DNA was matched and doctor has deposed the condition of the victim in the Court. The victim was minor at the time of commission of offence. She prays for dismissal of the present application.

6 . Considering the fact that victim, her mother and brother were not supported the prosecution case during trial, without commenting on the merits of the case, I deem it appropriate to allow the application.

Accordingly, it is directed that the applicant be released on bail upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial. The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023.

Accordingly, M.Cr.C. is allowed.