Madhya Pradesh High Court
Ramakant Yadav vs The State Of Madhya Pradesh on 2 May, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 2nd OF MAY, 2022
MISC. CRIMINAL CASE No. 15032 of 2022
Between:-
RAMAKANT YADAV S/O DADDU YADAV, AGED
ABOUT 19 YEARS, OCCUPATION: LABOUR
VILLAGE MAJHIYAR, POLICE CHOWKI RAIGWAN,
P.S.SINGPUR (MADHYA PRADESH)
.....PETITIONER
SHRI RAJESH KUMAR SEN, ADVOCATE FOR APPLICANT
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S.SINGHPUR P.S.SINGHPUR (MADHYA PRADESH)
2. VICTIM A S/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER FOR NON-
APPLICANT No.1
SHRI SANJAY KUMAR KUSHWAHA, ADVOCATE FOR NON-
APPLICANT No.2
This application is taken up for hearing and the Court has passed the
following
ORDER
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") on behalf of the applicant, who is in custody since 15.2.2022 in connection with Crime No.23/2022 registered at Police Station Singhpur, District Satna for the offence punishable under Sections 363, 366, 376, 376(2)(N) of the Indian Penal Code, 1860 and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012.
Learned counsel for the applicant submits that applicant is innocent. Main accused is Umakant. Since Umakant happens to be the brother of the applicant, therefore, he has been falsely implicated on account of family Signature Not SAN Verified rivalry. Prosecution has implicated all the three brothers whereas the main Digitally signed by AMIT JAIN allegation is against Umakant. Applicant is in custody since 15.2.2022. There Date: 2022.05.02 19:06:53 IST 2 is no criminal record of the present applicant. He is a youth of nineteen years. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the State opposes the bail application. After hearing learned counsel for the parties and taking into consideration overall facts and circumstances but without commenting anything on the merits the case, this application is allowed.
It is directed that applicant Ramakant Yadav shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on all the dates as may be fixed in this regard. The applicant shall abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit