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Madhya Pradesh High Court

Himmat Singh Aarmo vs The State Of Madhya Pradesh on 11 October, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 11 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 44185 of 2023

                           BETWEEN:-
                           HIMMAT SINGH AARMO S/O SHRI SHAHMEN AARMO,
                           AGED ABOUT 21 YEARS, OCCUPATION: UNEMPLOYED
                           R/O VILALGE BHALWARA, P.S. MEHADWANI, DISTRICT
                           DINDORI (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY MS. INDU PANDE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                                 MEHADWANI, DISTRICT DINDORI (MADHYA
                                 PRADESH)

                           2.    VICTIM A

                                                                                         .....RESPONDENTS
                           (BY SHRI SANTOSH YADAV - DEPUTY GOVT. ADVOCATE)

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

This is the second application filed by the applicant under Section 439 o f the Code of Criminal Procedure for grant of regular bail relating to FIR No.25/2022, registered at Police Station Mehadwani, District Dindori (M.P.) for the offence under Sections 363, 366, 344, 376, 346, 376(3), 376(2)(dha) of Indian Penal Code and under Section 3/4(2), 5(tha)/6 of POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 02.05.2022. It is submitted that material witness in the case has Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 12-10-2023 11:39:22 2 already been examined. In these circumstances, applicant be released on bail.

3 . Learned Deputy Government Advocate appearing for the State opposed the application for grant of bail and read over the statement of prosecutrix recorded under Section 164 of Cr.P.C.

4. Heard the counsel for the parties.

5. On going said statement of prosecutrix, it is clear that forceful rape has been committed on prosecutrix by applicant. Prosecutrix is minor aged less than 16 years.

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is dismissed.

(VISHAL DHAGAT) JUDGE sp/-