Madhya Pradesh High Court
Rajkumar Vanskar vs The State Of Madhya Pradesh on 9 July, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 MCRC-25877-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF JULY, 2024
MISC. CRIMINAL CASE No. 25877 of 2024
(RAJKUMAR VANSKAR
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(SHRI SUGAM GUPTA, LEARNED COUNSEL FOR THE APPLICANT)
(SHRI RAJENDRA SINGH YADAV, LEARNED GOVERNMENT ADVOCATE
FOR RESPONDENT/STATE)
ORDER
This first bail application has been filed by applicant under section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.161 of 2024 registered at Police Station Karariya Chauraha, District Vidisha (wrongly mentioned as District Morena in the memo of application) for offence punishable under Sections 366, 376(2)(n) and 343 of IPC. The applicant is in judicial custody since 13-05-2024.
A s per the case of prosecution, prosecutrix is aged around 28 years submitted a written complaint with SHO, Police Station Karariya Chauraha, Vidisha that on 02.05.2024 around 11:00AM, Rajkumar Vanskar offered the tea, so she went to house of Rajkumar for tea. Rajkumar proposed to take her to Bhopal. She went with Rajkumar. They stayed at Bhopal. Thereafter, they returned to village -Kagpur. Thereafter, she went to village- Seu with Rajkumar and they stayed there for five days. On 08.05.2024, around 11:00 pm in the night, Rajkumar committed rape on her. On 09.05.2024, her husband came to village -Seu searching her. She returned home with her husband. On 10.05.2024, she had come to report alongwith her husband. On such Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 09-07-2024 06:15:35 PM 2 MCRC-25877-2024 allegations, Police Station Karariya Chauraha, Vidisha lodged FIR at Crime No.161/2024 for offence punishable under Sections 366, 376(2)(n) and 343 of IPC. Porsecutrix was forwarded for medico legal examination. Statements of prosecutix were recorded under Sections 161 and 164 of Cr.P.C. Rajkumar (applicant) was arrested on 13.05.2024 and he is in custody ever since. On completion of investigation final report has been submitted on 29.06.2024. The trial is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. It is a case of consensual relationship between two consenting adults.
Applicant is a labourer by profession and is aged around 22 years whereas prosecutrix is aged around 28 years. No criminal antecedent is reported against the applicant. He has family to lookafter, therefore, there is no likelihood of absconsion leaving his family and home. There is no likelihood of tampering with the evidence by the applicant. No further custodial interrogation is required in the matter. Jail incarceration is causing hardship to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that the applicant Rajkumar Vanskar shall be Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 09-07-2024 06:15:35 PM 3 MCRC-25877-2024 released on bail in connection with Crime No.161 of 2024 registered at Police Station Karariya Chauraha, Vidisha (wrongly mentioned as District Morena) for offence punishable under Sections 366, 376(2)(n) and 343 of IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosn d leku izd `f r dk dksb Z vijk/k ugha djsx k ;k mlesa lfEefyr ugha gksx kA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 09-07-2024 06:15:35 PM
4 MCRC-25877-2024 lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Ashish* Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 09-07-2024 06:15:35 PM