Madhya Pradesh High Court
Chhange Lal Charmakar vs State Of Madhya Pradesh on 14 June, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 14 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 22580 of 2023
BETWEEN:-
CHHANGE LAL CHARMAKAR S/O BALAKDAS
CHARMAKAR, AGED ABOUT 30 YEARS, OCCUPATION:
LABOUR R/O. VILLAGE AKHETPUR, POLICE STATION
BEOHARI, DISTRICT SHAHDOL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI BRIJESH MISHRA - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH P.S. GOHPARU
DISTRICT SHAHDOL (MADHYA PRADESH)
.....RESPONDENT
(STATE BY SHRI A. R. BEN - DEPUTY GOVERNMENT ADVOCATE - AND
OBJECTOR BY SHRI SHAILENDRA DWIVEDI - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR/Crime No.209/2023 dated 27.3.2023 registered at Police Station Gohparu, district Shahdol, for the offences punishable under Sections 363, 366-A, 376, 376(2)(n) and 344 of IPC and Section 5(1)/6 of the POCSO Act.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 15.04.2023 and trial will take considerable time to conclude. The Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 6/15/2023 11:20:22 AM 2 applicant is a permanent resident of district Shahdol and there is no possibility of his absconding. That the applicant is ready to furnish surety and shall abide by all the directions and conditions imposed upon him by the court. Upon these circumstances, the applicant may be released on bail.
Learned counsel for the State has opposed the bail application and prayed for its rejection. On the other hand, learned counsel for the objector raised no objection for grant of bail to the applicant.
Heard learned counsel for the parties and perused the case diary. According to the prosecution story, the age of prosecutrix was more than 16 years on the date of incident. Her statement recorded under section 164 of Cr.P.C. do not suggest any forceful physical relationship. The prosecutrix is present before this court through her counsel and she has not opposed the bail application.
Looking to the overall facts and circumstances of the case, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
(ANURADHA SHUKLA) JUDGE Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 6/15/2023 11:20:22 AM 3 ps Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 6/15/2023 11:20:22 AM