Madhya Pradesh High Court
Arvind @ Dayaram Malviya vs The State Of Madhya Pradesh on 27 April, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MCRC No. 20034 of 2022
(ARVIND @ DAYARAM MALVIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-04-2022
Shri P.C. Paliwal, learned counsel for the applicant.
Shri S.K. Shrivastava, learned Government Advocate for the
respondent/State.
Heard.
This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.484/2021 registered at Police Station Jawar, District Sehore, for the offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and 5/6 of the Protection of Children from Sexual Offences Act.
The applicant's first bail application was dismissed as withdrawn vide order dated 04.02.2022 passed in M.Cr.C. No.5865/2022 with liberty to move a fresh one after recording the statement of the prosecutrix.
Learned counsel for the applicant submits that the applicant is in jail since 26.11.2021. He submits that the statement of the material witnesses have been recorded and the father of the prosecturix has been turned hostile. Although, the prosecutrix in her statement has very clearly stated that she had gone with the applicant as per her own desire, but as per the case of prosecution at the time of leaving the house, prosecutrix was minor and after leaving the house she used to reside with the applicant and during that time physical relation got developed that without consent of the prosecutrix.
O n the other hand, learned Government Advocate appearing for the respondent/State submits that the physical relation developed between the applicant and prosecutrix that too without her consent and it amounts to rape and therefore, the applicant has rightly been implicated under Section 376 of IPC.
In response to the same, learned counsel for the applicant submits that the present applicant and prosecutrix were residing together for long and physical Signature Not Verified SAN relation got developed between them. He submits that considering the fact that the applicant is an under trial accused, all material witnesses have been recorded and Digitally signed by ANIL CHOUDHARY Date: 2022.04.28 10:58:20 IST 2 that the trial will take time to be concluded, he is entitled to be released on bail.
Considering the overall circumstances and the fact that the applicant is an under trial accused and the trial will take time to be concluded, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, it is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.80,000/- (Rupees Eighty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE ac/-
Signature Not Verified SAN Digitally signed by ANIL CHOUDHARY Date: 2022.04.28 10:58:20 IST