Madhya Pradesh High Court
Govind Singh Bhadoriya vs The State Of Madhya Pradesh on 7 February, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.27081/2017
Jabalpur, dated 7.2.2018
Mr. Sunil Mishra, learned counsel for the applicant.
Mr. D. K. Paroha, learned Government Advocate for
the respondent-State.
This is an application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Govind Singh Bhadoriya for the offences punishable under Sections 363, 366 and 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act 2012 registered at Police Station Ranjhi, District Jabalpur, vide Crime No.532/2017.
The applicant herein, who is a young boy of age 19 years, is in judicial custody since 27.11.2017 on the charges of rape. He is alleged to have taken away the prosecutrix from the lawful custody of her parents and committed rape with her. The 164 statement of the prosecutrix reflects consent in which she says that she had come to know about the applicant herein through telephone and that the applicant herein had called her over to Gwalior saying that he wants to marry her. On the said promise, the prosecutrix is stated to have travelled from her home town Jabalpur to Gwalior where she was met by the applicant herein who took her to a room and on the promise of marriage established physical relationships with her and thereafter refused to marry.
Looking at the facts and circumstances of the case, that the case appears to one of statutory rape and that the applicant herein is in judicial custody since 27.11.2017, I am inclined to allow the instant application and direct that the applicant herein be enlarged on bail upon 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.
Certified copy as per rules.
(Atul Sreedharan) Judge ps Digitally signed by PRASHANT SHRIVASTAVA Date: 2018.02.08 11:16:13 +05'30'