Madhya Pradesh High Court
Haridas Ahirwar vs The State Of Madhya Pradesh on 23 January, 2023
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 23 rd OF JANUARY, 2023
MISC. CRIMINAL CASE No. 976 of 2023
BETWEEN:-
MANMOD AHIRWAR S/O SHRI BHAJJI ALIAS BAJJU
AHIRWAR, AGED ABOUT 21 YEARS, OCCUPATION:
LABOUR VILLAGE MANAKWADA TAHSIL SILWANI
DISTRICT RAISEN (MADHYA PRADESH)
.....APPLICANT
(BY SHRI PRIYANK KHANDELWAL - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION BARELI DISTRICT RAISEN
(MADHYA PRADESH)
2. VICTIM X D/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A. N. GUPTA - GOVT. ADVOCATE FOR RESPONDENT NO.1/
STATE.
NONE FOR RESPONDENT NO.2/ VICTIM DESPITE SERVICE OF NOTICE. )
MISC. CRIMINAL CASE No. 974 of 2023
BETWEEN:-
HARIDAS AHIRWAR S/O DEVI SINGH AHIRWAR, AGED
ABOUT 21 YEARS, OCCUPATION: LABOUR VILLAGE
BHADON TAHSIL UDAIPURA DISTRICT RAISEN
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI PRIYANK KHANDELWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 1/24/2023
12:20:49 PM
2
POLICE STATION BARELI DISTRICT RAISEN
(MADHYA PRADESH)
2. VICTIM X D/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A. N. GUPTA - GOVT. ADVOCATE FOR RESPONDENT NO.1/
STATE.
NONE FOR RESPONDENT NO.2/ VICTIM DESPITE SERVICE OF NOTICE. )
These applications coming on for admission this day, the court passed
the following:
ORDER
These are first bail applications filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure.
The applicants are in custody since 28.7.2022 and 13.9.2022 respectively, in connection with Crime No.289/2022 registered at P.S.-Bareli, District-Raisen (M.P.) for the offence punishable under Sections 363, 366, 376(3), 376(2)(n) and 376(d) of IPC and Section 5(L)/6 of POCSO Act, 2012.
As per the prosecution case, on 29.06.2022, prosecutrix's adopted father lodged an FIR stating that he had adopted daughter of his co-brother and she is living with them since her childhood. On 27.6.2022 at around 11 p.m. after having meal they all went off to sleep. At around 5 A.M. he was woke up by his wife and informed that daughter is not at her bed. They searched for her but she could not be traced. After one month of FIR, prosecutrix appeared at police station, dastyabi panchnama was prepared. She was handed over to her parents. After investigation charge sheet was filed.
Learned counsel for the applicants submitted that applicants have not committed any crime. They have been falsely implicated. They are innocent. There is no legal and admissible evidence against them. It is submitted that Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/24/2023 12:20:49 PM 3 prosecutrix, her parents and her brother have been examined before the trial Court and they all turned hostile and have not supported the prosecution story. The trial of the case will take considerable time. Therefore, it has been prayed that the applicants be released on bail pending the trial.
On the other hand, learned counsel for the State. has opposed the grant o f bail to the applicants on the ground that at the time of commission of offence, prosecutrix was below 15 years of age.
Before trial Court, prosecutrix, her parents and brother have been examined and they all turned hostile and have not supported the prosecution story. DNA sample has been collected almost after 14-15 days of the recovery of prosecutrix. It is not the case of the prosecution that at the time of appearance, prosecutrix was carrying any pregnancy. Having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, I am inclined to release the applicants on bail. Consequently, these first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants stands allowed.
I t is directed that applicants-Manmod Ahirwar a n d Ha rida s be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions 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 conditions of bail, it shall become Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/24/2023 12:20:49 PM 4 ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/24/2023 12:20:49 PM