Madhya Pradesh High Court
Shubham Kumar vs The State Of Madhya Pradesh on 18 April, 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 18th OF APRIL, 2022
MISC. CRIMINAL CASE No. 15394 of 2022
Between:-
SHUBHAM KUMAR S/O SHRI ANIL KUMAR , AGED
ABOUT 20 YEARS, OCCUPATION: STUDENT R/O
GRAM GOPALPUR, VILL. KARANIYA, DISTT.
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI SUDEEP SINGH SAINI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. P.S.
KARANJIYA DISTT. JABALPUR (MADHYA
PRADESH)
2. VICTIM A D/O NOT KNOWN NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH JAIN, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Learned counsel for the applicant has submitted some documents before this Court which are statements of prosecutrix and prays for taking these documents on record.
On due consideration, the same are taken on record. This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant Shubham Kumar, who is in custody since 13.10.2021 in connection with Crime No.0186/2021 registered at Police Station Karanjiya, District Dindori (M.P.) for the offences punishable under Sections 363, 366, 344, 376, 376(2)(n), 376 and 506 of IPC and 4, 6 of POCSO Act and 3(2)(v) of SC/ST Act.
It is submitted that prosecutrix has been examined in the Court of law, she Signature SAN Verified Not has turned hostile, she has not supported prosecution case. Placing reliance on the Digitally signed by APARNA TIWARI evidence of the prosecutrix who was examined before the trial Court on Date: 2022.04.19 17:07:38 IST 2 29.03.2022 and copy of which is taken on record. It is evident that prosecutrix has turned hostile and has not supported prosecution case. Hence, prayer is made to enlarge the applicant on bail.
Learned Government Advocate, on the other hand, opposes the bail application.
After hearing counsel for the parties and considering other facts & circumstances of the case and without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant- Shubham Kumar be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the 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.
I n view of the outbreak of new mutant Omicron of COVID-19, 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 AT