Madhya Pradesh High Court
Rajkumar Vishwakarma vs The State Of Madhya Pradesh on 14 August, 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 14 th OF AUGUST, 2023
MISC. CRIMINAL CASE No. 30058 of 2023
BETWEEN:-
RAJKUMAR VISHWAKARMA S/O KISHORI
VISHWAKARMA, AGED ABOUT 34 YEARS, R/O VILAGE
BALDEVGARH P.S. BALDEVGARH DISTRICT
TIKAMGARH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VISHAL DANIEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SHAHGARH DISTRICT SAGAR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI AMIT BHURRAK - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of regular bail relating to F.I.R. No.158/2023, dated 23.05.2023, registered at Police Station Shahgarah, District - Sagar for the offence under Sections 363, 366A, 376(2)(n), 506 of IPC and under section 5L/6 of POCSO Act 2012. He is in detention since 23.06.2023.
2. As per the prosecution story, on 07.05.2023, when prosecutrix had gone to Abar Mata Mandir for watching fair, Abhishek Vishwakarma met her and told that his sister-in-law's younger sister is calling her. At this, she went Signature Not Verified Signed by: APARNA TIWARI Signing time: 8/18/2023 10:02:50 AM 2 with him riding on motorcycle. There Rajkumar and Udal met her. She was taken to Badgawan, where Udal administer her some substance due to which she become unconscious and thereafter, she found herself in Anand Vihar, Delhi. In Anand Vihar, Delhi, Abhishek repeatedly committed rape/ aggravated penetrative sexual assault upon her.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. Prosecutrix was having love affair with Abhishek. He has been falsely implicated only because he is relative of Abhishek. He had not administer anything to the prosecutrix. Proxecutrix on her own had gone with Abhishek. There is no allegation against him that he committed rape/ aggravated penetrative sexual assault upon prosecutrix. He has no criminal background. Therefore, it is prayed that the applicant be released on bail.
4. On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
5 . Looking to the facts and circumstances of the case and allegation against the present applicant Rajkumar and also the fact that there is no allegation against him about committing rape upon prosecutrix but without entering into the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
6. It is directed that applicant- Rajkumar Vishwakarma 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 Signature Not Verified Signed by: APARNA TIWARI Signing time: 8/18/2023 10:02:50 AM 3 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 Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 8/18/2023 10:02:50 AM