Madhya Pradesh High Court
Gopal @ Mangal Lohar vs The State Of M.P. on 2 January, 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 2 nd OF JANUARY, 2024
MISC. CRIMINAL CASE No. 46146 of 2023
BETWEEN:-
GOPAL @ MANGAL LOHAR S/O BHERULAL LOHAR,
AGED ABOUT 24 YEARS, OCCUPATION: LBOUR GRAM
BHADWASA, P.S. BAROD, DISTRICT AGAR (MADHYA
PRADESH)
.....APPLICANT
(SHRI RITU RAJ BHATNAGAR, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
1. THE STATE OF M.P. STATION HOUSE OFFICER
THROUGH P.S. ALOTE DISTRICT RATLAM
(MADHYA PRADESH)
2. VICTIM X THROUGH P.S. ALOTE DIST. RATLAM
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI V.S.PANWAR, LEARNED PANEL LAWYER FOR THE STATE.)
(NONE FOR THE PROSECUTRIX THOUGH SERVED.)
This application coming on for admission this day, the 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.427/2023 dated (not mentioned) registered at Police Station: Alote, District Ratlam (M.P.) for commission of offence punishable under Sections 363, 366, 344, 376 (2)(N) of Signature Not Verified the IPC and sections 5(L)/6 of the POCSO Act.
Signed by: AJIT KAMALASANAN Signing time: 02-01-2024 18:00:19 22 . Prosecution story in brief is that, at the time of incident prosecutrix was aged around 17 years 11 months and 15 days of age. Prior to the incident, prosecutrix and applicant were known to each other and they also wanted to marry each other. On 30.06.2023 prosecutrix left her home and went to Kota and Jodhpur (Rajasthan) along with applicant by train. They started living there in a rented room. Meanwhile, applicant committed rape upon her. On 24.07.2023 police had recovered the prosecutrix from the possession of the applicant.
3. Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. At the time of incident prosecutrix was major and aged more than 18 years of age but her actual date of birth is not mentioned in the scholar register. She was a consenting party for sexual intercourse and voluntarily went with the applicant. Applicant is in custody since 24.07.2023. After completion of investigation, charge sheet has been filed. Conclusion of trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.
4 . On the other hand, learned counsel for the non-applicant/State has objected 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, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that applicant- GOPAL @ MANGAL LOHAR shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-
Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 02-01-2024 18:00:19 3(Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
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 ajit Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 02-01-2024 18:00:19