Madhya Pradesh High Court
Brajesh Pathak (Jatav) vs The State Of Madhya Pradesh on 21 December, 2022
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 21 st OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 50306 of 2022
BETWEEN:-
BRAJESH PATHAK (JATAV) S/O SH. RAGVENDRA
PATHAK (JATAV), AGED ABOUT 24 YEARS,
OCCUPATION: LABOUR R/O VILL. JALPURI TEH. ATER
DISTRICT BHIND (MADHYA PRADESH)
....APPLICANT
(MR. ASHISH SINGH JADOUN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION GOHAD CHAURAHA DISTRICT BHIND
(MADHYA PRADESH)
.....RESPONDENTS
(MR. R.K. AWASTHI - PUBLIC PROSECUTOR)
(MR. SHAILENDRA SINGH KUSHWAH - LEARNED COUNSEL FOR THE
COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 24.09.2022 by Police Station Gohad Chauraha, District Bhind (M.P.) in Connection with Crime No. 191/2022 registered for the offence punishable under Sections 376, 354-C, 450 of IPC & Section 67, 67-A, 66-E of IT Act.
T he allegation against the present applicant is that he committed rape Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Dec-22 10:58:09 AM 2 upon the prosecutrix and uploded her obscene videos on social media.
Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He has further argued that applicant is in custody since 24.09.2022. After investigation charge-sheet has already been filed, therefore, custodial interrogation of the applicant is not required any more. The incident occurred on 24.04.2021, however, the F.I.R. has been lodged on 19.06.2022 after a delay of almost of 12 months for which no plausible explanation has been given. The prosecutrix is a major women. The case is not supported by medical evidence. The applicant is permanent resident of District Bhind (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant.
O n the other hand, learned State counsel as well as counsel for the complainant opposed the application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary available on record.
Having considered the arguments rendered by the rival parties and in view of the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.
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;Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Dec-22 10:58:09 AM 3
2) The applicant will cooperate in the investigation/trial, as the case may be;
3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicant will not seek unnecessary adjournments during the trial; and
6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV) JUDGE Chetna Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Dec-22 10:58:09 AM