Udesh vs The State Of Madhya Pradesh on 9 May, 2023

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Madhya Pradesh High Court

Udesh vs The State Of Madhya Pradesh on 9 May, 2023

Bench: Anil Verma

                                                              1

                           IN THE           HIGH COURT            OF MADHYA PRADESH
                                                    AT I N D O R E
                                                         BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA

                                                 ON THE 9th OF MAY, 2023

                                        MISC. CRIMINAL CASE No. 19627 of 2023

                           BETWEEN:-
                           UDESH S/O DAYARAM MORE, AGED ABOUT 20
                           YEARS, OCCUPATION: LABOR R/O KUNDAMAL
                           TEHSIL KASRAWAD DISTT. KHARGONE (MADHYA
                           PRADESH)
                                                                                     .....APPLICANT
                           ( BY SHRI ASHISH GUPTA- ADVOCATE )

                           AND
                              THE STATE OF MADHYA PRADESH STATION
                              HOUSE OFFICER THROUGH POLICE STATION
                           1.
                              KASRAWAD DISTT. KHARGONE (MADHYA
                              PRADESH)
                              VICTIM X THROUGH P.S. KASRAWAD DIST.
                           2.
                              KHARGONE (MADHYA PRADESH)
                                                                               .....RESPONDENTS
                           ( BY SHRI AJAY RAJ GUPTA - P.L.)
                           _____________________________________________________________________
                                 This application coming on for admssion this day, the court passed
                           the following:

                                                          ORDER

Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 440/2020 registered at P.S - Kasrawad, District- Khargone (M.P.) for commission of offence punishable under Sections 305, 309, 376, 376(3), 376(2)(n) of IPC and sections 3/ 4, 5 / 6 of POCSO Act.

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 09-05-2023 18:46:36 2

As per prosecution story, 02/09/2020 at about 4.00 am, present applicant abducted the minor prosecutrix by lurking her in false love promise and pretext of marriage. He also made the prosecutrix drink large quantity of pesticide. He himself drank a small quantity of the same pesticide and informed Bhagwan through mobile phone hat he along with the prosecutrix has drank pesticide. On such information Bhagwan brought the applicant and the prosecutrix from the spot to PHC Multhan, from where they were referred to District Hospital, Khargone. During the course of treatment, the prosecutrix died . It has also been gathered that present applicant committed rape upon the minor prosecutrix also. Accordingly, the aforementioned offence was registered and he was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is young boy of 20 years and suffering jail incarceration since 13/09/2020. Seven prosecution witnesses including father and brother of the deceased have been examined, but both of them turned hostile and not supported the case of prosecution. The applicant had no intention to abet suicide of the prosecutrix as they had love affair He is permanent resident of District- Khargone. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection submitting that as per the scholar register and statement of teacher Sunil Arya, date of birth of the Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 09-05-2023 18:46:36 3 prosecutrix is 04/02/2005. therefore, she was minor at the time of the incident, hence he does not deserve for bail.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that looking to the scholar register of the deceased, she was minor at the time of the incident; the prosecutrix / deceased and present applicant both were found in a forest in unconscious condition; father (PW-2) and brother (PW-4) of the prosecutrix categorically stated in their statements that present applicant abducted the minor prosecutrix and sexually exploited her and committed rape upon her and he also abetted the prosecutrix for consuming poisonous substance; in view of the material evidence available on record, this Court is not inclined to grant bail to the applicant.

Accordingly, this second bail application filed under section 439 of Cr.P.C by the applicant has no force and is hereby dismissed.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 09-05-2023 18:46:36

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