Madhya Pradesh High Court
Manoj Kakodia vs The State Of Madhya Pradesh on 20 July, 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 20 th OF JULY, 2023
MISC. CRIMINAL CASE No. 20730 of 2023
BETWEEN:-
MANOJ KAKODIA S/O SHRI KRISHNAPAL KAKODIA,
AGED ABOUT 21 YEARS, OCCUPATION: PRIVATE JOB
VILLAGE WARDHA POLICE STATION OBEDULLAGANJ
DISTRICT (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SOURABH KUMAR SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION PATHROTA DISTRICT
NARMADAPURAM (MADHYA PRADESH)
2. VICTIM A D/O NOT KNWON NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.K. YADAV - DY. GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the third bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of regular bail relating to F.I.R. No.245/2021, dated 29.09.2021, registered at Police Station Pathrota, District - Narmadapuram for the offence under Sections 363, 366 and 376(2)(n) of IPC and Section 5/6 of POCSO Act. He is in detention since 22.11.2021.
2. His first application was dismissed for want of prosecution vide order Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/21/2023 10:03:32 AM 2 dated 18.08.2022 passed in M.Cr.C. No.33472/2022 and second bail application was also dismissed as withdrawn vide order dated 19.09.2022 passed in M.Cr.C. No.41735/2022.
3. As per the prosecution story, on 29.09.2021, 16 years and 2 months old prosecutrix's father lodged an FIR about missing of her daughter, who had left home for attending the School. FIR was registered. Prosecutrix was recovered on 22.11.2022. After investigation, charge sheet was filed.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is 21 years old young boy. He and prosecutrix were having love affair. Prosecutrix on her own had left her home and had gone with him. They have entered into wedlock. Now, they are husband and wife. No offence of rape/aggravated penetrative sexual assault is made out. As he is in jail for more than 1 year and 7 months and trial could not be concluded so far, despite this Courts direction given on 19.09.2022. Therefore, it is prayed that the applicant be released on bail.
5. On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
6 . I have gone through the prosecutrix statement under Section 164 of Cr.P.C. DNA report is not positive. Applicant is in jail for more than 18 months but trial could not be concluded. Therefore, looking to the facts and circumstances of the case including the status report received from the trial Court but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant is not warranted. Consequently, this third bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/21/2023 10:03:32 AM 3 allowed.
7. It is directed that applicant- Manoj Kakodia be released on bail on h is furnishing a 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, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
8. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/21/2023 10:03:32 AM