Madhya Pradesh High Court
Rajendra Keer vs The State Of Madhya Pradesh on 1 November, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 1 st OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 46027 of 2023
BETWEEN:-
RAJENDRA KEER S/O RAMGOPAL KEER, AGED ABOUT
19 YEARS, OCCUPATION: LABOUR R/O VILLAGE
SOMALBADA P.S. SHAHGANJ DISTT. SEHORE (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI V.S. CHOUDHARY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH P.S.
SHAHGANJ DISTRICT SEHORE (MADHYA
PRADESH)
2. VICTIM A D/O NOT MENTION OCCUPATION: NOT
MENTION NOT MENTION (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. PAPIYA GHOSH - PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.115/2023 dated 22.05.2023 registered at Police Station Shahganj, district Sehore for the offences punishable under Sections 363, 366, 344, 376(2)(n) IPC and Section 5/6 of POCSO Act.
Learned counsel for the applicant has submitted that applicant is innocent Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/2/2023 10:22:04 AM 2 and has been falsely implicated in the crime in question. The applicant is in custody and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district and there is no likelihood of his absconding from the clutches of law or tampering with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicant may be released on bail.
Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. This bail application has been argued on the ground that prosecutrix who was aged more than 17 years at the time of incident, solemnized marriage with the applicant.
Taking into consideration her statements recorded under Section 164 Cr.P.C., this bail application is allowed.
It is directed that the applicant shall be released on bail upon his furnishing a 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 Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
(ANURADHA SHUKLA) JUDGE Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/2/2023 10:22:04 AM 3 DevS Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/2/2023 10:22:04 AM