Ravindra Singh Gurjar vs The State Of Madhya Pradesh on 9 January, 2023

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Madhya Pradesh High Court

Ravindra Singh Gurjar vs The State Of Madhya Pradesh on 9 January, 2023

Bench: Atul Sreedharan

                                   1
 IN       THE      HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             BEFORE
              HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                      ON THE 9 th OF JANUARY, 2023
                  MISC. CRIMINAL CASE No. 871 of 2023

BETWEEN:-
RAVINDRA SINGH GURJAR S/O SHRI RAJVEER SINGH,
AGED ABOUT 22 YEARS, R/O VILLAGE BADWARI
POLICE STATION RITHORAKALA, DISTRICT MORENA
(MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI ANKUR TIWARI - ADVOATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION MAHARAJPURA, DISTRICT
      GWALIOR (MADHYA PRADESH)

2.    A B H I Y O T R I THROUGH POLICE THANA
      MAHARAJPURA DISTRICT GWALIOR (MADHYA
      PRADESH)

                                                           .....RESPONDENTS
(SHRI RAVINDRA SINGH KUSHWAH- DEPUTY ADVOCATE GENERAL FOR
RESPONDENT NO. 1/STATE AND SHRI RAJEEV SHARMA - LEARNED
COUNSEL FOR RESPONDENT NO. 2/ OBJECTOR )

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

This i s first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Ravindra Singh Gurjar in connection with Crime No.785/2022 for the offences punishable under Sections 363, 366, 366-A, 376, 109, 34 of IPC and Sections 3 /4 and 16/17 of POCSO Act, registered at Police Station Maharajpura, District 2 Gwalior.

T h e applicant has been in judicial custody since 20/10/2022 in the aforesaid case. Charge against him is of having raped the prosecutrix, who is a minor aged 15 years. The applicant is also of 22 years of age. Incident took place on 17/10/2022. The prosecutrix in her 164 statements says that when she was going to local shop to buy groceries when a Swift car came near her, three persons got down from it including the applicant, took her into the car, and dropped them in Dholpur in Rajasthan. From Dholpur, the prosecutrix and the applicant are stated to have boarded a bus to Delhi. They reached Delhi on 18/10/2022. In Delhi they roamed around for a while and then boarded a bus to Gwalior, which was a sleeper bus and in the sleeper bus, on the journey from Delhi to Gwalior, the applicant stated to have raped the prosecutrix.

The grant of bail has been opposed vehemently by learned counsel for the State and the Objector. Learned counsel for the Objector states that on 18/10/2022 itself, the FIR was registered by the father of the prosecutrix, who says that his borther-in-law was a witness to the abduction.

Learned counsel for the applicant on the other hand submits that the 164 statement of the prosecutrix reflects consent because from Dholpur she has gone to Delhi alongwith the applicant in a bus, she did not raise an alarm or alert co-passengers that she was being abducted and from Delhi she travelled with the applicant in a sleeper bus where also the presumption is that there were several other passengers in bus on board, on which the applicant is stated to have raped the prosecutrix against her will. Learned counsel for the applicant submits that the allegation is fantastic and preposterous and therefore, unbelievable.

Learned counsel for the State submits that the MLC is inconclusive.

Be that as it may, looking at the facts and circumstances of the case, the period of incarceration undergone as an under trial by the applicant herein and 164 statement of prosecutrix, notwithstanding the objections, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon 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 learned trial court.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c763 3f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21937 80D8357, SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C 01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.01.10 09:53:28 +05'30'

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