Madhya Pradesh High Court
Vikendra Kumar Dwivedi vs The State Of Madhya Pradesh on 4 July, 2022
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 4th OF JULY, 2022
MISC. CRIMINAL CASE No. 23688 of 2022
Between:-
VIKENDRA KUMAR DWIVEDI S/O SHRI
RAMTEJ DWIEDI , AGED ABOUT 28 YEARS,
OCCUPATION: GROCERY SHOP VILLAGE
MAYAPUR, POST OFFICE LAUA POLICE
STATION BAHARI DISTRICT SIDHI (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI U.K. SHARMA, SENIOR ADVOCATE WITH SHRI BELAL
AHMAD, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION HANUMANA REWA (MADHYA
PRADESH)
2. VICTIM X S/O NOT MENTION THR. P.S. BAHARI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AKHILENDRA SINGH, 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.
The applicant is in custody since 25.04.2022 in connection with Crime No. 46/2022 registered at P.S. - Hanumana, District - Rewa (M.P.) for Signature Not Verified SAN commission of offence punishable under Sections 363, 302, 366, 376(2)(N), Digitally signed by AMITABH RANJAN Date: 2022.07.05 15:12:40 IST 376(3), 212 of IPC and Section 5/6 of POCSO Act.
2As per the prosecution story, prosecutrix who was 16½ years old girl had gone to her maternal aunt's house at Bhathi, Hanumana. On 11.02.2022 she had gone to purchase some biscuits and salted items from the shop situated on main road but she did not return. At this, when her maternal aunt started a search for her, she came to know that at around 02:30 p.m. she was taken into a white colour Bolero and in that vehicle one person alongwith driver was sitting. Matter was informed to the father of prosecutrix. They also informed to Hanumana Police. On 13.02.2022 he came to know that a white colour Bolero is standing in Hatwa Forest. At this he informed the police. When, prosecutrix was admitted in Sidhi Hospital she informed her parents in the presence of others that when she after purchasing the items was returning to aunt's home, Jivendra Singh and his companion Abhayraj Yadav forced her to sit in the Bolero. By Bolero they took her to Hatwa Forest. In forest Jivendra Singh and made repeated sexual assault/rape upon her and in evening Jivendra forcible administered her poison. Thereafter, Jivendra called his Driver Anil Tiwari and Anil Tiwari brought her to Sidhi Hospital. The only allegation against the present applicant is that, he alongwith others made food items available to the main accused Jivendra. In the course of treatment, prosecutrix died in Sidhi hospital.
Learned counsel for the applicant submitted that there is no allegation against the present applicant about commission of sexual assault or rape upon prosecutrix. It is further submitted that, there is no direct or circumstantial evidence against the present applicant. He is innocent person. He has been falsely implicated. Learned counsel for the applicant further submitted that even Signature Not Verified if entire prosecution story against the present applicant is accepted as true, even SAN Digitally signed by AMITABH RANJAN then no offence under Section 376, 302 of IPC and under Section 5/6 of Date: 2022.07.05 15:12:40 IST POCSO Act is made out. It is submitted that at the most act of the applicant 3 may come into preview of Section 212 of IPC which is a bailable offence. On the aforesaid pretext prayer for grant of bail has been made.
On the other hand, learned Government Advocate has opposed the grant of bail to the applicant and has submitted that in this case a minor girl was forcible taken by the main accused Jivendra alongwith his driver. Jivendra committed aggravated sexual assault upon her and forcibly administered her poison, due to which prosecutrix has died in hospital.
I have gone through the case diary and the statements of prosecution witnesses on record. The only allegation against the present applicant is that he alongwith others made available food and food items to the main accused. Applicant is in jail since more than two months. Therefore, without expressing any opinion on the merits of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that further pretrial detention of the applicant/accused in the case is not warranted. Therefore, first application of the applicant under Section 439 of the Cr.P.C. is allowed.
It is directed that applicant - Vikendra Kumar Dwivedi be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court to appear before the said Court on all the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall abide by all the conditions enumerated in Section 437(3) of the Cr.P.C.
This order shall remain effective till the end of the trial. However, in case Signature Not Verified SAN o f bail jump and breach of any of the pre-condition of bail, it shall become Digitally signed by AMITABH RANJAN Date: 2022.07.05 15:12:40 IST ineffective.
4Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Amitabh Signature Not Verified SAN Digitally signed by AMITABH RANJAN Date: 2022.07.05 15:12:40 IST