Rakesh vs The State Of Madhya Pradesh on 17 August, 2023

[Cites 8, Cited by 0]

Madhya Pradesh High Court

Rakesh vs The State Of Madhya Pradesh on 17 August, 2023

Bench: Anuradha Shukla

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 17 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 33707 of 2023

                          BETWEEN:-
                          RAKESH S/O SHRI BIRJU, AGED ABOUT 19 YEARS,
                          OCCUPATION: LABOUR R/O VILLAGE TEMNI KHURD
                          POLICE STATION LAVAGHOGHARI TEHSIL MOHKHED
                          DISTT. CHHINDWARA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI ASHOK CHAKRAVARTI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE    STATION   DEHAT    DISTRICT
                                CHHINDWARA (MADHYA PRADESH)

                          2.    VICTIM A

                                                                                      .....RESPONDENTS
                          (BY SMT. RANJANA AGNIHOTRI - DY. GOVERNMENT 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. 118/2023 dated 15.03.2023 registered at Police Station Dehat- Chhindwara, district Chhindwara for the offences punishable under Section 363, 366, 344, 376(2)(n) & 376(3) of IPC and sections 5L/ 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 Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/18/2023 2:05:38 PM 2 custody since 02.04.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district Chhindwara and there is no likelihood of his absconding. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court. Upon these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. In this case the age of prosecutrix at the time of incident is claimed to be less than 14 years. Applicant has prayed for bail on the ground that the statements of proseuctrix have already been recorded before the trial court. Those statements have been perused. Even in those statements the prosecutrix has claimed that she was below 16 years of age at the time of incident. Though she has placed emphasis on the fact that she was in relationship with the applicant and remained with him for 16 days but looking to the age of prosecutrix, her consent has no relevance.

Accordingly, bail application is dismissed.

(ANURADHA SHUKLA) JUDGE MISHRA Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/18/2023 2:05:38 PM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court