Madhya Pradesh High Court
Chotelal Gond vs The State Of Madhya Pradesh on 1 November, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 1st OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 48299 of 2022
BETWEEN:-
CHOTELAL GOND S/O BALIRAM GOND, AGED
ABOUT 22 YEARS, OCCUPATION: LABOUR R/O
VILLAGE-ANDHIYARI, TAHSIL-GOTEGAON
DISTRICT NARSINGHPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI GHANSHYAM BURMAN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
STATION HOUSE OFFICER POLICE STATION
MUGVANI DISTRICT NARSINGHPUR (MADHYA
PRADESH)
2. VICTIM A S/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K. K. VERMA, PANEL LAWYER FOR RESPONDENT NO.1/
STATE.
SHRI NAMAN GUPTA, ADVOCATE FOR VICTIM. )
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.
The applicant is in custody since 15.09.2022 in connection with Crime No.248/2022, registered at P.S.-Mugvani, District Narsinghpur (M.P.) for the offence punishable under Sections 363, 366A, 376, 34 of IPC and Section 3/4 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/2/2022 11:11:00 AM 2 of POCSO Act.
A s per prosecution story, on 3.9.2022 prosecutrix's father lodged an FIR stating that his daughter is student of Class 12th and her date of birth is 6.7.2005. She is 17 years and 2 months old. On 2.9.2022 at around 10 a.m. she had gone to school. When she did not came back till 5 p.m., he searched for her but she could not be traced. She has been kidnapped by some unidentified person by inducing her. She is 5 ft. long with fair complexion and is wearing school dress - white salwar and blue kurta. An FIR under Section 363 of IPC was registered on 10.9.2022. Prosecutrix was traced and recovered from Village Maridah, District Anand (Gujarat). In her statement under Section 164 of Cr.P.C. she has stated that she had gone with Karan Thakur and she was taken on the motor cycle by Karan and it was being driven by Bhura Thakur. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. The only allegation against the present applicant is that the motorcycle on which the prosecutrix had gone with Karan was being driven by the present applicant. There is no allegation of rape or aggravated sexual assault against the present applicant. Therefore, it has been prayed that applicant be released on bail.
On the other hand, learned counsel for the respondent/State has opposed grant of bail to the applicant/accused.
Learned counsel for the victim has submitted that he has no objection if the applicant is released on bail.
After due consideration of facts and circumstances and the fact that there are no allegation against the present applicant about rape/ aggravated sexual assault, without expressing any opinion on the merits of the case, I am of the Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/2/2022 11:11:00 AM 3 view that it is a case in which further pre trial detention of the applicant is not warranted. Therefore, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
It is directed that applicant - Chotelal Gond be released on bail on his 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 concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial;
This order shall remain 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.
Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/2/2022 11:11:00 AM 4(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/2/2022 11:11:00 AM