Shiva Yadav vs The State Of Madhya Pradesh on 10 February, 2023

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Madhya Pradesh High Court

Shiva Yadav vs The State Of Madhya Pradesh on 10 February, 2023

Bench: Dinesh Kumar Paliwal

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                             ON THE 10 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 6746 of 2023

                          BETWEEN:-
                          SHIVA YADAV S/O KARAN SINGH, AGED ABOUT 22
                          YEAR S , OCCUPATION: LABOR R/O BAJRANG KUTI,
                          NARSRULLAGANJ (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SATYAM AGRAWAL-ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THORUGH THE
                          POLICE STATION NASRULLAGANJ DISTRICT SEHORE
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI A.N. GUPTA-GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                              ORDER

This is first bail application filed on behalf of the applicant-Shiva Yadav under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 19.01.2023 in connection with Crime No.20/2023, registered at P.S.-Nasrullaganj, District-Sehore (M.P.) for the offence punishable under Sections 363, 366, 342, 368, 376(2)(n) of IPC, Section 5/6 of POCSO Act and Section 3(2)(v), 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Act, 1989.

As per the prosecution case, on 11.01.2023, mother of the prosecutrix Signature Not Verified lodged an FIR alleging that today at around 09:00 A.M. when she was taking Signed by: KUNDAN SHARMA Signing time: 2/11/2023 2:15:11 PM 2 bath, her daughter was putting cloth in order. When she came out after having bath. She found her missing. She searched for her but she could not be traced. She suspects that her daughter has been kidnapped by Shiva Yadav. FIR was registered for commission of offecnce under Section 363 of IPC. After six days of the incident, prosecutrix was recovered.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He has not committed any rape/aggravated penetrative sexual assault upon the prosecutrix. It is submitted that prosecutrix and applicant are having love affairs and prosecutrix on her own had gone with him. She is 17 years old girl and has attained the age of discretion. It is further submitted that in her statement under Section 164 of Cr.P.C., prosecuterix has not made any allegation about committing rape/ aggravated penetrative sexual assault upon her by the applicant. She has specifically denied the commission of any such offence. Therefore, it has been prayed that applicant be released on bail pending the trial.

On the other hand, learned counsel for the State has opposed the grant of bail to the applicant and has submitted that in her statement under Section 161 of Cr.P.C. she has stated about commission of rape upon her by the appellant/accused.

I have gone through the case diay. In her statement under Section 164 of Cr.P.C. prosecutrix has not stated anything about commission of rape/aggravated penetrative sexual assault upon her by the present applicant. Applicant has no criminal background. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am of the view that it is a Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/11/2023 2:15:11 PM 3 case in which further pre trial detention of the applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

It is directed that applicant - Shiva Yadav be released on bail on his 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.

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 ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE kundan Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/11/2023 2:15:11 PM

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