Madhya Pradesh High Court
Ankit vs The State Of Madhya Pradesh on 15 June, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 15th OF JUNE, 2022
MISC. CRIMINAL CASE No. 28217 of 2022
Between:-
ANKIT S/O RAMPRAKASH TYAGI,
AGED ABOUT 20 YEARS, R/O TIKONIYA PARK
JOURA (MADHYA PRADESH).
.....PETITIONER
(BY SHRI PURAN KUMAR KULSHRESHTHA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P.S. JOURA (MADHYA
PRADESH)
2. PROSECUTRIX THR. THANA PRABHARI ,
POLICE THANA JOURA DIST. MORENA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BPS CHUAHAN - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C.No.24596 of 2022 was dismissed as withdrawn by this court vide order dated 2.6.2022.
Applicant has been arrested on 4.3.22 by Police Station, Jaura district Morena, in connection with Crime No.119/2022 for the offence punishable under Sections 363, 366, 376 of IPC and 3/4 of the POCSO Act.
In brief, the prosecution case is that on 19.2.2022 a Gumshudgi report 2 was lodged at PS Jaura by father of the prsoecutrix that on 18.2.2022 at about 8.30 PM, his daughter aged about 17 years is missing and he doubted that probably, she was eloped with Ankit Tyagi. On his report, Gumshudgi report No.49 of 2022 was recorded. Prosecutrix was recovered on 20.2.2022. Her statement was recorded wherein, she had stated that she is aged about 17 years three months. Her family members wants to marry her but she does want to do so. Due to this, she annoyed and therefore, on 18.2.2022, she sat in a bus at Jaura and reached Morena at 7.00 PM. Thereafter, she again boarded a bus at Morena and reached Gwalior at 8.30 PM. From Gwalior, she caught a sleeper bus to Bhopal around 10.30 PM and reached Bhopal next day at about 8 AM.
After reaching Bhopal, she telephoned her friend present applicant and he told her that her family members have lodged a report against her and you should return. Present applicant has not taken the prosecutrix and she herself went to Bhopal. On 19th in the morning, she sat in a train and reached Bhopal. Present applicant Ankit or anybody has not done any wrong with her. Initially, the offence was registered under Section 363 and 366 of IPC and later on, Section 376 of IPC and other sections was added.
Fro m the side of applicant-accused, it is submitted that applicant is innocent and he has been falsely implicated in the offence. Applicant-accused is in custody since 04.03.2022. After investigation, charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State has opposed the application.
Both the Advocates are heard. Challan papers are perused.
Looking to the facts and circumstances of the case, but without 3 commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE Rks RAM KUMAR SHARMA 2022.06.15 16:09:08 +05'30'