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Madhya Pradesh High Court

Ravindra Jatav vs The State Of Madhya Pradesh on 9 January, 2023

Author: Deepak Kumar Agarwal

Bench: Deepak Kumar Agarwal

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                         ON THE 9 th OF JANUARY, 2023
                                    MISC. CRIMINAL CASE No. 929 of 2023

               BETWEEN:-
               RAVINDRA JATAV S/O SHRI RAMSEVAK JATAV, AGED
               ABOUT 23 YEARS, OCCUPATION: PRIVATE JOB R/O
               VILLAGE AND POST KHADICHA NARWAR DISTT.
               SHIVPURI (MADHYA PRADESH)

                                                                                    .....APPLICANT
               (BY SHRI VINOD KUMAR DHAKAD- ADVOCATE )

               AND
               1.          THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION KAMPOO DISTT. GWALIOR
                           (MADHYA PRADESH)

               2.          PROSECUTRIX CRIME NO. 210/2022 POLICE
                           STATION     KAMPOO GWALIOR    (MADHYA
                           PRADESH)

                                                                                .....RESPONDENTS
               (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR FOR THE STATE )

                           This application coming on for hearing this day, the court passed the

               following:
                                                        ORDER

This is Second bail application under Section 439 of Cr.P.C. filed by the applicant. First was dismissed as withdrawn.

Applicant has been arrested on 14.5.2022 by police Station, Kampoo, Distt. Gwalior, in connection with crime No.210/2022 for the offence Signature Not Verified punishable under Sections 363, 366, 368, 376(2)(n), 323, 506, 34 of IPC and Signed by: MADHU SOODAN PRASAD Signing time: 10-01-2023 09:54:16 AM Sections 3/4 of the POCSO Act.

As per prosecution story, prosecutrix aged about 17 years lodged a typed complaint at police Station, Kampoo, against present applicant alleging that she knows present applicant through her Mausi Saroj. From 25.3.2021 she started talking with him on telephone. They used to meet at Nehru Park. On 24.11.2021 applicant called her at Nehru Park. When she reached Nehru Park, present applicant along with his friend Laiyaram forcibly sat her in a bolero vehicle and took her to village Khadicha, where parents of applicant were present. Present applicant threatened her not to disclose to anyone, otherwise he will kill her. Next day by Sleeper Bus applicant took her to Rajkot and kept her in a room where he committed sexual intercourse with her and also prepared a video of her. When she became pregnant, by giving some medicine he got her pregnancy aborted. She requested many times to leave her to her house, but due to fear that he would viral her video, she did not tell anything to anyone. Three days back applicant took her to village Khadicha and started pressurizing her to solemnize marriage. When prosecutrix refused, he committed Marpeet with her and threatened her with dire consequences. On 11.5.2022 when applicant left her mobile at the house, she called her father. Thereafter she was brought to her home. On her complaint, aforesaid offences have been registered. She was sent for medical examination. Applicant was arrested on 14.5.2022. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 14.5.2022. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

SOODAN PRASAD Both the Advocates are heard. Case diary perused.

Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-