Madhya Pradesh High Court
Ganesh @ Golu vs The State Of Madhya Pradesh on 1 December, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 1 st OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 50695 of 2022
BETWEEN:-
GANESH @ GOLU S/O SHRI VIJAY SAPATE, AGED
ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED NEAR
SHIV MANDIR GULABGANJ POLICE STATION LALBAG
TAHSIL NEPANAGAR DISTRICT BURHANPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI J. A. SHAH-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION LALBAG DISTRICT BURHANPUR
(MADHYA PRADESH)
2. VICTIM A S/O NOT MENTION THROUGH POLICE
STATION LALBAGH DISTRICT BURHANPUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD TIWARI-PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.
The applicant has been arrested in connection with Crime No.173/2022, registered at P.S.Lalbag, District - Burhanpur (M.P.) for commission of offence Signature Not Verified under Sections 363, 366A, 376(3), 376(2)(i) of IPC and Section 5/6 of POCSO Signed by: BIJU BABY Signing time: 12/2/2022 4:17:06 PM 2 Act. He is in detention since 16.03.2022.
As per the prosecution story, on 14.03.2022 prosecutrix's father lodged an FIR stating that on 14.03.2022 at around 04:00 p.m. her 15 years old daughter had gone to attend the marriage function at Yusuf's house. When she did not return till 06:00 p.m. she was searched but she could not be traced. An FIR for offence under Section 363 of IPC was registered. Next day prosecutrix was recovered from the possession of Ganesh @ Golu. Dastyabi Panchnama was prepared. She was handed over to the parents. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that prosecutrix in her statement before the Judicial Magistrate First Class under Section 164 of Cr.P.C. has clearly denied the commission of rape/penetrative sexual assault upon her by the applicant. It is submitted that there is no legal and admissible evidence against the present applicant. It is further submitted that at the time of alleged commission of offence prosecutrix was almost 17 year and 6 months old. Even if it is assumed that she had gone with the applicant, it is apparent that she had gone on her own as she has already attained the age of discretion. Trial of the case will take considerable time. Therefore, it has been prayed that the applicant/accused be released on bail.
O n the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the applicant.
After investigation, charge sheet has been filed. The prosecutrix in her statement under Section 164 of Cr.P.C. has clearly denied the commission of Signature Not Verified Signed by: BIJU BABY Signing time: 12/2/2022 4:17:06 PM 3 rape/aggravated penetrative sexual assault by the applicant upon herself. Admittedly, at the time of alleged commission of offence she was 17 years and 6 months old. Therefore, without expressing any opinion on the merits of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which further pretrial detention of applicant/accused is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant-Ganesh @ Golu be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial.Signature Not Verified Signed by: BIJU BABY Signing time: 12/2/2022 4:17:06 PM 4
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 12/2/2022 4:17:06 PM