Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 29 June, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.12720 OF 2021
(Pawan vs State of Madhya Pradesh)
Indore, Dated 29.06.2021
Mr. Tarun Kushwah, learned counsel for the Applicant.
Ms. Harshlata Soni, learned counsel for the Non-
Applicant/State.
Arguments heard through Video Conferencing.
ORDER
This is third bail application filed by the applicant - Pawan S/o Madiya Bhuriya under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.217/2019 registered at Police Station - Dindayal Nagar, District - Ratlam (MP) for the offence punishable under Sections 363, 366(A), 376(2)(i)(n), 342/34 and 376(3) of Indian Penal Code, 1860 along with Section 5(L)6 of POCSO Act, 2012 and the applicant is in custody since 17.05.2019.
Learned counsel for the applicant has drawn Court's attention to the statement of prosecutrix who although in her examination-in-chief has levelled allegations as per prosecution story but in her cross-examination she has completely turned volte-face and has not supported the prosecution story, that the applicant had called her on mobile and had taken to a place where he has committed rape upon her. She has been re- examined by the prosecution and she sticks to her statement made in cross-examination. The applicant is in jail since 17.05.2019 and the conclusion of trial would take considerably long time. On these grounds, bail has been sought.
Learned counsel for the State has been heard who has opposed the bail application.
Considered.
2HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.12720 OF 2021 (Pawan vs State of Madhya Pradesh) The deposition sheet was placed on record and the same was perused.
After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant, without making any opinion on merits of the case, the application filed by the applicant - Pawan S/o Madiya Bhuriya is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during the trial.
The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
Miscellaneous Criminal Case No.12720 of 2021 stands allowed and is disposed of in above terms. Let a copy of this order be sent to the Court concerned for compliance.
Certified copy as per Rules.
(SHAILENDRA SHUKLA)
Arun/- JUDGE
Digitally signed by
ARUN NAIR
Date: 2021.06.29
19:56:45 +05'30'