Ashish Kumar Shah vs The State Of Madhya Pradesh on 12 July, 2023

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Madhya Pradesh High Court

Ashish Kumar Shah vs The State Of Madhya Pradesh on 12 July, 2023

Bench: Anuradha Shukla

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                        ON THE 12 th OF JULY, 2023
               MISC. CRIMINAL CASE No. 28421 of 2023

BETWEEN:-
ASHISH KUMAR SHAH S/O SHRI RAMPRATAP SHAH,
AGED ABOUT 21 YEARS, OCCUPATION: LABOUR R/O
VILLAGE NANDGAON P.S. NAVANAGAR TAHSIL AND
DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI SHIVENDRA PANDEY - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH MAHILA
POLICE   STATION DISTRICT SINGRAULI (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SHRI A. R. BEN - DEPUTY GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.21/2023 dated 15.05.2023 registered at Police Station Mahila Police Station, P.S. Singrauli, district Singrauli, for the offences punishable under Sections 376 and 376(2)(n) of IPC.

Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. He is in custody since 19.05.2023 and trial will take considerable time to conclude. He also submits that applicant is a 2 permanent resident of district Singrauli and there is no likelihood of his absconding or tampering with prosecution evidence. The applicant is ready to furnish adequate surety and shall abide by the conditions to be imposed by the Court. On these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. This is a case where the parties are said to be in long relationship of four years since the year 2019. It is claimed in the FIR as well as in the statements of prosecutrix that she was subjected to sexual abuse by the applicant making a false promise of marriage.

Looking to the fact that the prosecutrix is currently 22 years old and in the year 2019 she was almost 18 years of age, this Court finds it to be a fit case to release the applicant on bail. Therefore, without commenting on the merit of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.





                                                       (ANURADHA SHUKLA)
                                                             JUDGE
ps         Digitally signed by PRASHANT
           SHRIVASTAVA
           Date: 2023.07.12 18:35:21 +05'30'
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Madhya Pradesh High Court