Madhya Pradesh High Court
Tarachand vs The State Of Madhya Pradesh on 8 August, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 8 th OF AUGUST, 2023
MISC. CRIMINAL CASE No. 34099 of 2023
BETWEEN:-
TARACHAND S/O LAXMAN, AGED ABOUT 25 YEARS,
OCCUPATION: LABOUR RINGUS P.S RINGUS TEHSIL
KHANDELA DISTRICT SIKAR RAJASTHAN
(RAJASTHAN)
.....APPLICANT
(SHRI SUBODH CHOUDHARY, ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION RAMPURA
DISTRICT NEEMUCH (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(MS. MRIDULA SEN, PANEL LAWYER FOR THE STATE)
(NONE FOR THE VICTIM, THOUGH SERVED)
This application coming on for order this day, th e Court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.115/2022 dated (not mentioned) registered at Police Station Rampura, District Neemuch (M.P.) for commission of offence punishable under Sections 363, 366 and 342 of IPC alongwith 11/12 of the Protection of Children from Sexual Offences Act.
2 . Prosecution story in brief is that at the time of incident, prosecutrix was aged about 17 years. Prior to the incident, applicant and prosecutrix were Signature Not Verified Signed by: GEETA PRAMOD Signing time: 08-08-2023 18:42:57 2 known to each other and they loved each other. On 04.06.2022, at around 2.00 AM, applicant called the prosecutrix outside her house and when she came to meet him, on the false pretext of marriage, applicant took the prosecutrix to Rajkot, Gujarat and kept her in a room for about 02 months. Meanwhile, prosecutrix had informed her family members over phone and the police has recovered her on 30.07.2022 from Rajkot.
3 . Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. At the time of incident, prosecutrix was major, aged more than 18 years. She went with the applicant voluntarily and she was a consenting party. Applicant is in custody since 30.07.2022. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal therefore, it is prayed that the applicant be released on bail.
4 . On the other hand, learned counsel for the State has objected the prayer and prayed for its rejection.
5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that applicant- Tarachand shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith one local surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 Signature Not Verified Signed by: GEETA PRAMOD Signing time: 08-08-2023 18:42:57 3 (3) of Cr. P. C.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
8. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 08-08-2023 18:42:57