Madhya Pradesh High Court
Vinod Yadav vs The State Of Madhya Pradesh on 24 June, 2019
1 MCRC-23573-2019
The High Court Of Madhya Pradesh
MCRC-23573-2019
(VINOD YADAV Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 24-06-2019
Shri A.S.Baghel, learned counsel for the applicant.
Shri J.A.Shah, learned Government Advocate for the respondent/State.
Shri S.K.Mishra, learned counsel for objector. Heard.
Case diary perused.
This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.63/2019 registered by P.S. Jiyavan, District Singrauli (MP) for offences punishable under Sections 366, 376, 376(2)(n)/34 of the Indian Penal Code.
As per the case of the prosecution, on 14/02/2019 at about 7.00 pm, prosecutrix aged about 19 years was kidnapped by the applicant Vinod Yadav from her residential house situated at village Jaghat under the jurisdiction of police station Jiyavan District Singrauli. He had taken her to Sidhi on motorcycle from there to Lillore (A.P.), kept her in captivity and committed forceful intercourse with her. Later on, she had been taken to Rakhoti (Gujrat) and also kept her in a rented room for a period of four months and committed forceful intercourse. It is also alleged that on 14/02/2019 applicant has left the prosecutrix at Bus Stand, Sidhi and fled from there. Prosecutrix reached at her home and narrated the incidence to her family members, on that basis, missing report which was already registered has been converted into FIR registered under Crime No.63/2019 for the offence under Sections 366, 376, 376(2)(n)/34 of the IPC. Medical Examination of the prosecutrix was conducted and statements under Section 161 & 164 have been recorded.
Learned counsel for the applicant has submitted that the applicant has not committed any crime and has falsely been implicated in the case. He is a Digitally signed by MANJU CHOUKSEY Date: 24/06/2019 22:40:07 2 MCRC-23573-2019 permanent resident of the address shown in the application and there is no possibility to his for absconding and tampering with the prosecution witnesses. He further submitted that the applicant is in jail since 15/02/2019. In view of the aforesaid, it has been prayed that the applicant be released on bail.
Learned counsel appearing for the Stated opposes the prayer of the applicant and prays for dismissal of the application.
From perusal of the case diary it seems that the allegation of kidnapping the prosecutrix is against the applicant. He kept her in a rented room for a period of four months and committed forceful intercourse with her.
Keeping in view the facts and circumstances of the case and nature of the offence, in the opinion of this Court, it is not a fit case for grant of bail to the applicant, at this stage.
Consequently, this application for grant of bail under Section 439 of the Cr.P.c. filed on behalf of the applicant deserves to be and is hereby dismissed.
(MOHD. FAHIM ANWAR) JUDGE manju Digitally signed by MANJU CHOUKSEY Date: 24/06/2019 22:40:07