Madhya Pradesh High Court
Ramesh Kushwah vs The State Of Madhya Pradesh on 12 July, 2023
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 12 th OF JULY, 2023
MISC. CRIMINAL CASE No. 24471 of 2023
BETWEEN:-
RAMESH KUSHWAH S/O SHRI BABLU KUSHWAH, AGED
ABOUT 22 YEARS, OCCUPATION : LABOUR, R/O GRAM
GADA CHOWKI JHAGAR POLICE STATION,
DHARNAWADA, DISTRICT GUNA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI D.S. RAJAWAT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DHARNAWADA, DISTRICT
GUNA (MADHYA PRADESH)
2. PR OS ECUTR IX THROUGH POLICE STATION
D H AR N AWAD A DISTRICT GUNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI KULDEEP SINGH - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
Case diary is available.
This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 14.01.2021 in connection with Crime No.525/2020 registered at Police Station Dharnawada, District Guna (M.P.) for commission of offence punishable under Sections 363, 366, 376(2)
(n) of IPC and Section 5/6 of Protection of Children from Sexual Offences Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 12-07-2023 16:06:21 2 Act.
Applicant's first application filed under Section 439 of CrPC was dismissed as withdrawn vide order dated 01.10.2021 passed in M.Cr.C. No.47343/2021.
Prosecution case, in brief, is that the applicant kidnapped the complainant's minor daughter aged about 14 years, kept her captivated for about two months and committed rape upon her repeatedly, due to which, she got pregnant.
Learned counsel for the applicant submits that after dismissal of applicant's first bail application, statements of the prosecutrix, her mother and other material witnesses have been recorded. It is apparent from the statement of the prosecutrix recorded during investigation that she had gone with the applicant on her own will and was a consenting party. Admittedlly, prosecutrix's mother is an illeterate lady and she stated prosecutrix's age on the basis of assumption at the time of her admission. Nothing material has been produced on record with regard to the fact that the prosecutrix was minor at the time of incident. All the material witnesses have been examined, even then, trial will take time to conclude. The applicant is in custody since 14.01.2021 and has suffered about 2 years and 6 months incarceration, therefore, considering the period of custody suffered by the applicant, he may be enlarged on bail.
Learned counsel for the respondent/State has opposed the prayer and submits that as per school scholar register, prosecutrix was minor at the time of incident. She was pregnant with the applicant. DNA report is positive. Offences alleged against the applicant are of serious nature, therefore, he is not entitled for bail.
Heard the learned counsel for both the parties.
Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 12-07-2023 16:06:21 3Having considered the rival submissions, material pointed out by the learned counsel for the applicant and the fact that the statements of material witnesses have been recorded, so also the period of custody of the applicant which is about 2 years and 6 months, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. This application is allowed and stands disposed of. Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH) JUDGE Abhi Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 12-07-2023 16:06:21