Madhya Pradesh High Court
Gulshan vs The State Of Madhya Pradesh on 25 August, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M CR C No. 40771 / 2021
GULSHAN Vs. STATE OF MP
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INDORE, Dated : 25/08/2021
Heard through video conferencing.
Mr. S. K. Meena, learned counsel for the applicant.
Mr. Hemant Sharma, learned PL for the respondent - State.
This is first application u/S. 439 of the Code of Criminal Procedure, 1973 by applicant who is in custody since 20/3/2021 in connection with Crime No. 269/2021, registered at P.S. Bhanwar Kuan, Distt. Indore (MP) for commission of offence punishable u/S. 376, 376(2)(N), 376(3) and 450 of the Indian Penal Code, 1860 read with Sec. 5(L), 6, 5(J) and 11(V)/12 of the Protection of Children from Sexual Offences Act, 2012.
As per prosecution story, on 13/2/2021 the prosecutrix lodged an FIR against the present applicant alleging that she is 14 years of age and student of Vidhya Children Academy, Palda, Indore, during that time she became friend of present applicant and thereafter they used to talk on phone. After sometime applicant started saying that he wants to marry with her and on the pretext of marriage, love affair has been developed between them. The present applicant made physical relations without her consent and used to do such act several times by saying that he will marry her, due to which she became pregnant and on account of the order dated 6/4/2020 passed by this Court in M.CR.C.No. 77900/2021, her MTP has been done in the M.Y. Hospital, Indore. Accordingly, offence has been registered against the present applicant.
Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is a young boy aged 18 years and he is in custody HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 40771 / 2021 GULSHAN Vs. STATE OF MP
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since 20/3/2021. Investigation is over and charge sheet has been filed. Conclusion of the trial is likely to take a sufficiently long time. Learned counsel for the applicant further submits that statement of the prosecutrix has been recorded before the Court below and she has turned hostile and did not support the case of the prosecution and nothing has been stated against the present applicant.
Per contra, learned PL for the respondent - State opposes the bail application and prays for its rejection.
Perused the impugned order of the trial Court as well as the case diary.
On due consideration of the statement of the prosecutrix (PW1), it reveals that she has categorically stated that the applicant never committed rape upon her, she has turned hostile and did not support the prosecution case and also contradicted the version of the FIR.
Considering the aforesaid facts and circumstances of the case and the nature of allegation and the statement of the prosecutrix before the trial Court wherein she has stated nothing regarding the aforesaid crime against the present applicant, prima facie evidence available on record and the possibility of delay in conclusion of trial cannot be ruled out, without commenting upon the merits of the case, I deem it proper to release the applicant on bail.
The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.60,000/- (Rupees Sixty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 40771 / 2021 GULSHAN Vs. STATE OF MP
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before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
(ANIL VERMA) JUDGE KR Digitally signed by KAMAL RATHORE Date: 2021.08.25 17:29:37 +05'30'