(SHRIKANT @ AJJU Vs THE STATE OF MADHYA PRADESH)
Mr. P. S. Chouhan, learned counsel for the applicant.
Mr. A. N. Gupta, learned Government Advocate for the State.
This is an application under section 439 of the Code of
Criminal Procedure, 1973 for grant of bail on behalf of
applicant Shrikant alias Ajju for the offences under Sections
342, 354, 354-A(iv) of the Indian Penal Code and Section 8 of
the Protection of Children from Sexual Offences Act 2012 (for
short, âthe POCSO Actâ), registered at Police Station
Sarni, District Betul, vide Crime No.515/2017. The applicant is
in judicial custody since 19.8.2017.
According to the case of the prosecution, the applicant herein
is stated to have shown pornographic material to a nine-year-
old girl and when she tried to leave, he is alleged to have
caught hold of her hands and tried to restrain after which she
went home and informed her mother.
Learned counsel for the applicant submits that the offences
under Sections 342 and 354-A IPC are bailable offences and an
offence under Section 354 IPC is not made out. He further
submits that the facts and circumstances disclosed by the
prosecution’s case does not disclose an offence under Section
8 of the POCSO Act as the mandatory requirement under
Section 7 of the POCSO Act of having any contact with the
private part of the prosecutrix is missing.
Looking at the facts and circumstances of the case and the
nature of allegations against the applicant primarily falling
under Sections 342 and 354-A of the IPC, both being bailable
offences, and also the fact that the applicant is in judicial
custody since 19.8.2017, I am inclined to allow the instant
application and direct that the applicant herein be enlarged on
bail upon his furnishing 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
Certified copy as per rules.