Madhya Pradesh High Court
Shahid vs The State Of Madhya Pradesh on 25 July, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 25 th OF JULY, 2023
MISC. CRIMINAL CASE No. 32121 of 2023
BETWEEN:-
SHAHID S/O HAMID ALI, AGED ABOUT 28 YEARS,
OCCUPATION: SHOPKEEPER VILLAGE BEDIYA
DISTRICT KHARGONE (MADHYA PRADESH)
.....APPLICANT
(SHRI NILESH J. DAVE, ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BEDIYA
DISTRICT KHARGONE (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI K. MALYA, ADVOCATE FOR THE OBJECTOR)
(MS. AARTI KUMAWAT, PANEL LAWYER FOR THE STATE)
This application coming on for order this day, th e Court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.44/2023 dated (not mentioned) registered at Police Station Bediya, District Khargone (M.P.) for commission of offence punishable under Sections 363, 366, 376 and 506 of IPC alongwith Section 3/4 of the Protection of Children from Sexual Offences Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
2. Prosecution story in brief is that the date of birth of prosecutrix is Signature Not Verified Signed by: GEETA PRAMOD Signing time: 26-07-2023 18:58:38 2 02.11.2006, therefore, on the date of incident i.e. 10.02.2023, she was aged about 16 years and 3 months. The applicant is resident of Jhanda Chowk, Bediya, District Khargone. For 05-06 months, he used to pass by the house of prosecutrix generally, because of which they came to know about each other. Since Navratri 2022, they started talking with each other. Thereafter, the applicant told the prosecutrix that he loves her and wants to marry her. On 10.02.2023, the applicant took the prosecutrix to Hotel Mangalam at Sanawad by car after persuading her for a drive and forcibly committed sexual intercourse with her. Thereafter, the applicant left her at her home and threatened her that is she tells about the incident to anyone, he will kill her.
Therefore, she was afraid and did not tell about the incident to her parents. On 20.02.2023, when the prosecutrix was alone at her home, the applicant came to her home by car and took her alongwith him and in between the way, she denied to go along, on which the applicant got furious and left her near a temple. The applicant was well aware that prosecutrix is a minor and belongs to scheduled caste community. The applicant is already married despite of that, on the false pretext of marriage, he committed rape upon the prosecutrix. On 25.02.2023, she lodged an FIR against the applicant.
3. Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. The prosecutrix did not report the matter forthwith about the incident of rape dated 10.02.2023. The FIR was lodged belatedly without any cogent explanation. Applicant is in custody since 25.02.2023. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal therefore, it is prayed that the applicant be released on bail.
4. On the other hand, learned counsel for the State as well as learned Signature Not Verified Signed by: GEETA PRAMOD Signing time: 26-07-2023 18:58:38 3 counsel for the objector have objected the prayer of the applicant and submitted that the prosecutrix is a minor girl, applicant being a married person had given false promise to marry with the prosecutrix and thereafter he committed rape upon her therefore, applicant is not entitled for bail.
5. Having considered the rival submissions and after perusal of the case- diary so also considering the facts and circumstances of the case, at this stage, this Court is of the view that it is not a fit case to grant bail to the applicant. Accordingly, this application for bail is dismissed.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 26-07-2023 18:58:38