Kulesh Mandal vs The State Of Madhya Pradesh on 24 June, 2022

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Madhya Pradesh High Court

Kulesh Mandal vs The State Of Madhya Pradesh on 24 June, 2022

Bench: Vishal Dhagat

                                                        1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 24th OF JUNE, 2022

                                    MISC. CRIMINAL CASE No. 28417 of 2022

                              Between:-
                              KULESH MANDAL S/O BHOKARI MANDAL,
                              AGED    ABOUT     23   YEARS, OCCUPATION:
                              PRIVATE JOB R/o 1742 GALI NO.10 DHANVAPUR
                              ROAD, NEAR OF DEPARTMENT NO.4, LAXMAN
                              VIHAR    PHASE 2      GURGAON     HARYANA
                              (HARYANA)

                                                                                      .....APPLICANT
                              (BY SHRI MADAN SINGH, ADVOCATE)

                              AND

                      1.      THE STATE OF MADHYA PRADESH THROUGH
                              POLICE STATION OBEDULLAGANJ RAISEN
                              (MADHYA PRADESH)

                      2.      VICTIM A D/O NOT KNOWN THROUGH POLICE
                              STATION OBEDULLAGANJ DISTRICT RAISEN
                              (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                              (BY SHRI K.S. BAGHEL, GOVERNMENT ADVOCATE)

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

                      following:
                                                         ORDER

This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant in connection with Crime No.410/2021, registered at Police Station Obedullaganj, District Raisen (M.P.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 5(L)/6 of Protection of Children from Signature SAN Not Verified Sexual Offences Act.

Digitally signed by

SUNIL KUMAR Counsel appearing for the applicant submitted that prosecutrix had PATEL Date: 2022.06.24 18:11:55 IST 2 attained the age of marriage and is aged 17 years and 10 months. It is submitted that applicant was having love relationship with prosecutrix therefore, both of them eloped and applicant was living with prosecutrix as husband and wife. This is not a case of rape. The applicant has been impleaded by police in case of rape. In these circumstances, it is prayed that applicant may be enlarged on bail.

Government Advocate appearing for the State opposed the application for grant of bail. He read over statement of prosecutrix recorded under Section 161 and also under Section 164 of Cr.P.C. and prayed for rejection of bail application.

Heard the counsel for the parties.

Considering the facts and circumstances of the case, particularly the age of applicant and prosecutrix and the fact that prosecutrix had herself stated that she was having love relationship with applicant, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on his furnishing 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.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.





                                                                                 (VISHAL DHAGAT)
Signature Not
                                                                                      JUDGE
 SAN                  vkt
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2022.06.24
18:11:55 IST

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