Balram Rajpoot vs The State Of Madhya Pradesh on 1 July, 2023

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Madhya Pradesh High Court

Balram Rajpoot vs The State Of Madhya Pradesh on 1 July, 2023

Bench: Dinesh Kumar Paliwal

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 1 st OF JULY, 2023
                                       MISC. CRIMINAL CASE No. 23277 of 2023

                         BETWEEN:-
                         BALRAM RAJPOOT S/O DASHARAM RAJPOOT, AGED
                         ABOUT 23 YEARS, OCCUPATION: LABOR R/O ARJARIYA
                         COLONY HARPALPUR, P.S. HARPALPUR, DISTT.
                         CHHATAPUR (M.P.) (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI ASHISH KURMI - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THR. P.S.
                               HARPALPUR    P.S.    HARPALPUR,    DISTT.
                               CHHATARPUR (M.P.) (MADHYA PRADESH)

                         2.    VICTIM A D/O NOT MENTION OCCUPATION: NIL
                               NOT KNOWN (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (BY SHRI C.K.MISHRA - GOVT. ADVOCATE )

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

                         following:
                                                            ORDER

This is the first application filed by the applicant under Section 439 of t h e Cr.P.C. for grant of regular bail relating to FIR No.153/2022 dated 23.08.2022 at Police Station Harpalpur District Chhatarpur (M.P.) for commission of offence under Sections 363,376(2)(n,376(1) and 366 of IPC and Section 5L/6, 5J(2)(6) of POCSO Act, 2012. He is in detention since 18.02.2023.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 6:53:13 PM 2

2. A s per the prosecution story, on 21.08.2022, prosecutrix's mother lodged F.I.R about missing of her daughter from the home. She suspected that her daughter had been kidnapped by Balram Rajpoot. F.I.R was registered. In the course of investigation, prosecutrix herself appeared almost after 05 months of the incident and in her statement recorded under section 164 of Cr.P.C, she stated that her marriage was performed with Balram Rajpoot by her mother in presence of the relatives in temple and after marriage she had gone with her husband to Delhi for wages. She is pregnant. After dropping her to home, her husband had gone for wages to Delhi. She denied that she was kidnapped or any rape/aggravated sexual assault was committed upon her. On the contrary, she deposed that she is carrying 05 months pregnancy and applicant Balram Rajpoot is her husband. After investigation charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is husband of the lady. Due to some confusion, mother of the lady has lodged a false F.I.R. It is further submitted that mother of the prosecutrix herself has given an affidavit that at the time of incident her daughter was major. She herself had performed her marriage with Balram Rajput. After investigation, charge-sheet has been filed. Therefore, it has been prayed that applicant be released on bail.

4. O n the other hand, learned counsel for the State has opposed the prayer for grant of bail.

5. Looking to the facts and circumstances of the case including the contents of affidavit given by mother of the prosecutrix but without expressing any opinion on merits of the matter, I am of the view that it is a case in which Signature Not Verified further pretrial detention of the applicant/accused is not warranted.

Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 6:53:13 PM 3

Consequently, this first bail application under Section 439 of the Cr.P.C. filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Balram Rajpoot be released on bail on h is 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 trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 6:53:13 PM

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