Madhya Pradesh High Court
Jitendra Alias Manish Jaat vs The State Of Madhya Pradesh on 7 December, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 7 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 57561 of 2022
BETWEEN:-
JITENDRA ALIAS MANISH JAAT S/O SHRI GANGARAM
JAAT, AGED ABOUT 35 YEARS, VILLAGE LAATH THANA
AWADA DISTRICT SHEOPUR (MADHYA PRADESH)
....APPLICANT
(BY SHRI ANSHU GUPTA- ADVOCATE)
AND
THE STATE OF MADHYA PRADESHPOLICE STATION
AWADA DISTRICT SHEOPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI G.P.CHAURASIA - PUBLIC PROSECUTOR)
( BY SHRI HEMANT SINGH RANA- LEARNED COUNSEL FOR
RESPONDENT/COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 06.10.2022 by police Station, Awada, District Sheopur in connection with crime No.143/2022 for the offence punishable under Sections 323, 376, 456, 294 and 506 of IPC.
According to the prosecution story, on 3.10.2022, prosecutrix a married lady aged about 34 years along with her husband lodged a report at Police Station Awada, District Sheopur with police Sub-Inspector Laxmi Baghel that 2 on 2.10.2022 at about 10PM, she was talking with her husband who had gone for taking care of the buffaloes in Deeng. Her mother-in-law and father-in-law had gone to temple after closing the door from outside. At about 11 PM she along with her six years' daughter was in her house. She was sleeping on the cot, her daughter was sleeping on the sofa. At that time, somebody put off her peticote and put hand in her vagina. Due to this, she awaked, that fellow was present applicant/accused who was doing forcefully intercourse with her. She pulled him and when she tried to scream, he put sari in her mouth, thereafter, pulled her on bed. After listening hue and cry, her daughter awaked. Then after giving fist and blow, he fled away after giving her obscene words. After the incident took place, she reached to her Jeth house and narrated him the story. Thereafter, in the morning, lodged a report. She was sent for medical examination.
I t is submitted that applicant is in custody since 06.10.2022. Learned advocate for the applicant further submitted that false allegation has been levelled against present applicant/accused. Prosecutrix is a lady, aged about 34 years. After investigation charge-sheet has been filed. Applicant undertakes to cooperate in trial. Conclusion of trial will take time. On these grounds, he prays for bail to the applicant.
Learned counsel for the State as well as counsel for the complainant opposed the application and prayed for its rejection.
Both the Advocates are heard. Case diary perused. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- alongwith bail bond 3 of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of any default cash security of Rs.25,000/- shall be forfeited.
Application stands allowed and disposed of.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE vijay MADHU SOODAN PRASAD 2022.12.08 17:05:38 +05'30'