Madhya Pradesh High Court
Rajkaran Verma vs The State Of Madhya Pradesh on 18 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 18th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 61779 of 2021
Between:-
RAJKARAN VERMA S/O MAIYADEEN VERMA ,
AGED ABOUT 40 YEARS, OCCUPATION: LABOUR
NEAR ROULI BUS STAND, P.S. BHARATKUP,
DIST.KARVI (UTTAR PRADESH)
.....PETITIONER
(BY SHRI SHIVRAJ KUSHWAHA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
NAYAGAON P.S. NAYAGAON (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANAND SHUKLA, PANEL LAWYER)
This application is taken up for hearing and the Court has passed the
following:
ORDER
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 9.10.2021 in connection with Crime No.130/2021 registered at Police Station Nagagaon, District Satna for the offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code 1860 (for brevity "I.P.C") and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 (for brevity "POCSO Act").
Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. There are omnibus allegations against the present aplicant that he had helped main accused Ravi in abducting the prosecutrix. Prosecutrix is being summoned since 15.11.2021 but she is not appearing before the Trial Court and even the Signature SAN Not charges have yet not been framed. Main accused is Ravi against whom Verified Digitally signed by there are allegations of commission of rape upon the prosecutrix. Hence, AMIT JAIN Date: 2022.02.18 17:46:44 IST 2 prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering other facts & circumstances of the case, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Rajkaran Verma S/o. Maiyadeen Verma shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit