Madhya Pradesh High Court
Kamal Singh Shilpi vs The State Of Madhya Pradesh on 30 June, 2023
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 30 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 25013 of 2023
BETWEEN:-
KAMAL SINGH SHILPI S/O LALJIRAM, AGED ABOUT 55
Y E A R S , OCCUPATION: LABOUR R/O GRAM
BHARKACHKALA TEHSIL BADI DISTRICT RAISEN
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI NARENDRA NIKHARE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THORUGH
POLICE STAITON BADI DISTRICT RAISEN
(MADHYA PRADESH)
2. VICTIM A D/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHESHMANI MISHRA - PANEL LAWYER FOR RESPONDENT
NO.1/STATE AND NONE FOR RESPONDENT NO.2/VICTIM DESPITE
SERVICE OF NOTICE)
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 Cr.P.C. for grant of regular bail relating to FIR No. 383/2022 dated 13.12.2022 registered at Police Station-Badi, District- Raisen for the offence under Sections 363, 366, 366-A, 376(3), 109 of IPC and 3/4 and 16/17 of POCSO Act. He is in detention since Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 11:07:13 AM 2 28.12.2022.
2. As per the prosecution story, on 13.12.2022, 15 years old prosecutrix lodged an FIR alleging that she is student of class 9th. She had acquaintance with Narendra for the last two months. She used to talk Narendra on the mobile phone of her brother. On 13.12.2022, when she along with her friend was going and had reached village Dubatlai, there Narendra Malviya, Sourabh Malviya and Kamal Shilpi riding on two motorcycles met them. She along with Narendra sat on his motorcycle and her friend along with Sourabh and Kamal sat on their motorcycle. They all reached at the cave of Mrigendra Nath. Her friend along with Sourabh and Kamal stayed there and Narendra took her at a hill in the forest and there Narendra took off her clothes and also his own clothes and raped her. When they both were going back home. Her elder brother saw both of them and took her to home. FIR was registered. 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 55 years old man. There is no allegation against him about commission of rape/aggravated penetrative sexual assault. As per contention in F.I.R and 164 statement of the prosecutrix No.1 she had gone with the main accused Narendra and it was Narendra who had committed rape/ aggravated penetrative sexual assault upon prosecutrix No.1. Prosecutrix No.2 in her 164 Cr.P.C statement and even in her evidence before the trial court has clearly stated that present applicant has not committed anything with her. Co-accused Sourabh Malviya has already been released on bail by this court vide order dated 05.04.2023 passed in M.Cr.C.No.6530/2023 and the case of present applicant is identical to his case. Trial of the case will take considerable time. Therefore, it has been Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 11:07:13 AM 3 prayed that the applicant be released on bail.
4. On the other hand, learned counsel for the State has opposed the grant of bail and has contended that in FSL report on the vaginal swab of both the prosecutrix human sperms have been found. Therefore, he has prayed for rejection of the bail application.
5. On considering the statement under section 164 Cr.P.C and the evidence of both the prosecutrix before the trial court, it is apparent that there are no clear cut allegations against the present applicant about commission of rape/aggravated sexual assault. Co-accused Sourabh Malviya has already been released on bail by this court vide order dated 05.04.2023 passed in M.Cr.C.No.6530/2023 and the case of present applicant is almost identical to his case. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion on the merits of case, I am of the view that it is a case in which further pre-trial detention of the applicant/accused is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail is allowed.
6. It is directed that applicant-Kamal Singh Shilpi 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 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 Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/1/2023 11:07:13 AM 4 Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case of 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 11:07:13 AM