Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 7 March, 2024
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 7 th OF MARCH, 2024
MISC. CRIMINAL CASE No. 1241 of 2024
BETWEEN:-
SUNIL S/O DINESH, AGED ABOUT 19 YEARS,
OCCUPATION: STUDENT R/O GRAM PANDLWA TEHSIL
RANAPUR DISTT. JHABUA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SHUBHAM ARYA, LEARNED COUNSEL)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
RANAPUR, DISTT. JHABUA (MADHYA PRADESH)
2. VICTIM X THROUGH P.S. RANAPUR, JILA JHABUA
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT No.1/STATE BY SHRI RAHUL SOLANKI, LEARNED
GOVT.ADVOCATE)
(NONE FOR THE RESPONDENT No.2, THOUGH SERVED)
This application coming on for orders this day, th e court passed the
following:
ORDER
Heard with the aid of case diary.
This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.402/2023 dated (not mentioned) registered at Police Station, Ranapur, District Jhabua (M.P.) for commission of offence punishable under Sections 366, 376(3), 376(2)(N), 344, 506 of IPC and under Section 5/6 of the Protection of Children from Sexual Signature Not Verified Signed by: SHAILESH PATIL Signing time: 07-03-2024 16:16:32 2 Offences Act. The first application was dismissed as withdrawn with liberty to file fresh application after examination of the prosecutrix before the trial Court vide order dated 9.8.2023 passed in M.Cr.C.No.34511/2023.
2 . Prosecution story, in brief, is that at the time of incident the prosecutrix was aged below 15 years. Prior to the incident the prosecutrix and the applicant were known to each other and there was friendship between them. On 3.5.2023 the applicant told that he wanted to marry her and took her at village Padlava. On 4.5.2023 the applicant took the prosecutrix to Maharashtra and kept her alongwith him for around one month. Meanwhile, he committed rape upon her several times. The Police recovered the prosecutrix on 8.6.2023.
3 . Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. It is further submitted that after dismissal of first bail application of the applicant, the prosecutrix (PW-1), her mother (PW-2) and father (PW-3) have been examined before the trial Court, but they have completely turned hostile and not supported the case of prosecution. It is further submitted that the prosecutrix admitted that she is 19 years of age, therefore, it is clear that at the time of incident prosecutrix was more than 18 years of age. The applicant is in custody since 8.6.2023. Conclusion of trial will take sufficient long time for its disposal therefore, in the change circumstances prayer is made for grant of bail to the applicant.
4. On the other hand, counsel for the State has opposed the prayer and prayed for its rejection.
5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case and the change in circumstances, without commenting on the merits of the case, this Signature Not Verified Signed by: SHAILESH PATIL Signing time: 07-03-2024 16:16:32 3 Court is of the view that applicant deserves to be enlarged on bail hence, the application is allowed.
6. It is directed that the applicant - Sunil shall be released 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 concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
8. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 07-03-2024 16:16:32