Madhya Pradesh High Court
Brijkishor vs The State Of Madhya Pradesh on 12 July, 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 12 th OF JULY, 2023
MISC. CRIMINAL CASE No. 29133 of 2023
BETWEEN:-
1. BRIJKISHOR S/O SHRI ACCHE LAL YADAV, AGED
ABOUT 21 YEARS, OCCUPATION: LABOUR R/O
KADAM KANTI POLICE STATION GUULGANJ
DISTRICT CHHATARPUR (MADHYA PRADESH)
2. GUDDU @ MANOJ YADAV S/O GOURISHANKAR
YADAV OCCUPATION: LABOUR PATHAGHAT PS
BALDEVGARH DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI SURDEEP KHAMPARIYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATON KHARGAPUR R/O DISTRICT TIKAMGARH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.K.RAI - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicants under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.94/2023 dated 03.05.2023 registered at Police Station - Khargapur District Tikamgarh for the offence under Sections 450, 376, 354, 34 of IPC and section 3,4,7 and 8 of POCSO Act, 2012. They are in detention since 03.05.2023 and 05.05.2023.
2. As per the prosecution story on 02.05.2023, 15 years old prosecutrix Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/12/2023 7:12:42 PM 2 had gone to attend the marriage of her cousin. on 02.05.2023, at around 11 P.M. her friend left her. When she was going inside the house, Ankesh Yadav came and by gagging her mouth forcibly took inside the room and committed rape/aggravated penetrative sexual assault upon her. Thereafter, Ashu Yadav, Brijkishore Yadav and Guddu Yadav reached there and assisted Ankesh in leaving the spot. It is also alleged that Ashu with sexual intent caught hold her hand and attempted to outrage her modesty while Brijkishore and Guddu had left the spot. In the meantime, her aunt reached there and Ashu by leaving her fled away from the spot. She came and narrated the entire story to the family members. F.I.R was registered.
3. Learned counsel for the applicants has submitted that applicants have n o t committed any offence. They are innocent. They have been falsely implicated. There is no allegation against them about committing rape/aggravated penetrative sexual assault. The only allegation against them is that they had reached there after commission of offence of rape/aggravated penetrative sexual assault by the main accused and had assisted him in fleeing from the spot. It is further submitted that in her statement under section 164 of Cr.P.C, prosecutrix has stated nothing about presence of the present applicants on the spot. Therefore, it has been prayed that applicants may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant of bail.
5. In this case there are no allegations against the present applicants about commission of rape/ aggravated penetrative sexual assault or doing anything in furtherance of commission of rape. Therefore, having taken into Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/12/2023 7:12:42 PM 3 consideration the prosecutrix's statement under section 164 of Cr.P.C and other material available on record but without expressing any opinion on the merits of the case, I am of the view that it is case in which further pre trial detention of t h e applicants is not warranted. Consequently, this second bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed
6. It is directed that applicants - Brijkishor and Guddu @ Manoj Yadav be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They 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 MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/12/2023 7:12:42 PM