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Madhya Pradesh High Court

Nikki @ Shivram vs The State Of Madhya Pradesh on 17 April, 2017

                           MCRC-4764-2017
               (NIKKI @ SHIVRAM Vs THE STATE OF MADHYA PRADESH)


17-04-2017

Mr. Himanshu Shrivastava, learned counsel for the applicant. Mr. S.S.Chouhan, learned Government Advocate for the State. This is an application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Nikki alias Shivram in connection with Crime No.417/2016, registered at Police Station Seoni Malwa, District Hoshangabad, for offences under sections 363,366,376(2)(N) of the Indian Penal Code and section 3/4 and 7/8 of the Protection of Children from Sexual Offences Act. According to the case of the prosecution, the applicant who has been in judicial custody since 31.8.2016 has been accused of taking the prosecutrix from her home town to Itarsi, Jabalpur and Indore and committed rape with her.

Learned counsel for the applicant has drawn the attention of this Court to page 19 of the application, which is the deposition in Court of the prosecutrix. In paragraph 1, the allegation that the prosecutrix levels against the applicant is of having taken her to all these placed stated hereinabove and of having assaulted or done “jabardasti” with her. There is no elaboration of any sexual assault and neither has the prosecution puts such question to seek clarification of the word “Jabardasti” from the prosecutrix. Thereafter the prosecutrix states in paragraph 3 that besides “Jabardasti” the applicant did not do anything else with her. Thereafter the prosecutrix has been declared hostile and her memory has been refreshed by drawing her attention to 161 and 164 statements. Even those are inconclusive of commission of rape.

Looking to the facts and circumstances of the case and the statement in chief of the prosecutrix, who has been declared hostile by the prosecution, I am inclined to allow the instant application for grant of bail on behalf of the applicant and direct that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE ss