(SOHAN Vs THE STATE OF MADHYA PRADESH)
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Mukesh Kumwat, learned counsel for the
Case diary is available. Arguments heard.
This is first bail application filed by the applicant
under Section 439 of the Code of Criminal Procedure
for grant of bail.
The accused/applicant is arrested by the Police
StationâManawar, DistrictâDhar in Crime
No.511/2016 under Sections 363, 354, 354-A, 376,
323 and 506 IPC and u/S 7/8 Protection of Children
from Sexual Offences Act, 2012.
According to the prosecution story, the prosecutrix
was 14 years of age. The applicant took her on his
motorcycle on pretext of meeting his uncle and it is
alleged that he threw her on ground and committed
rape on her.
Learned counsel for the applicant submits that earlier
the story regarding rape was not narrated in the FIR.
Initially, the case was registered under Section 354
IPC. Subsequently, after four days her statements
were recorded under Section 164 Cr.P.C, in which, she
stated that present applicant committed rape also on
her. He further submits that there is no injury found
on her private parts, though she was only 14 years of
age. Only minor abrasions on her right elbow and
swelling on right ankle was found.
Learned counsel for the respondent/State opposes the
Taking into consideration all the facts and
circumstances of the case and rival contentions of
learned counsel for the parties, without commenting
on the merits of the case, I am of the view that it is a
fit case for grant of bail. Accordingly, the application
filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on
bail on his furnishing a personal bond of Rs.50,000/-
(Fifty Thousand Rupees) with one local solvent
surety of the like amount to the satisfaction of the
concerned Magistrate for his appearance on all the
dates of hearing as may be directed in this regard
He is further directed that on being so released on
bail, he would comply with the conditions enumerated
under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.