Yogesh Rajput vs The State Of Madhya Pradesh on 13 October, 2023

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Madhya Pradesh High Court

Yogesh Rajput vs The State Of Madhya Pradesh on 13 October, 2023

Bench: Anuradha Shukla

                                                                1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                ON THE 13 th OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 43521 of 2023

                           BETWEEN:-
                           YOGESH RAJPUT S/O RAMNARAYAN RAJPUT, AGED
                           ABOUT    28  YEARS, R/O MEWADA, RATIKHEDA,
                           DISTRICT SEHORE (MADHYA PRADESH)

                                                                                               .....APPLICANT
                           (BY SHRI SANKALP KOCHAR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           BAIRAGARH, DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (MS. SHIKHA SINGH BAGHEL - PANEL LAWYER FOR STATE)
                           (SHRI ANILMANI TRIPATHI - ADVOCATE FOR OBJECTOR)

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

This is first application for grant of anticipatory bail under section 438 of Cr.P.C. on behalf of the applicant who is apprehending his arrest in connection with FIR/Crime No.344/2023 dated 06.09.2023 registered at Police Station Bairagarh, District Bhopal (M.P), for the offences punishable under Sections 376, 376-D, 376(2)(n), 323, 506 and 34 of IPC.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. Applicant is ready to cooperate in the investigation and trial. In the event of arrest, applicant's reputation will be Signature Not Verified ruined. Hence, it is prayed that the applicant be released on anticipatory bail.

Signed by: SHARAN JEET KAUR Signing time: 10/16/2023 2:11:56 PM 2

Learned counsel for the State had opposed the prayer for anticipatory bail.

Heard learned counsel for the parties and perused the case diary. This bail application has been argued on the ground of false implication. The FIR of this case suggests that the period between which the crime was committed was 1.04.2023 to 04.07.2023, while the FIR was registered on 06.09.2023. The prosecutrix is a major girl aged about 20 years.

It is mentioned in the FIR that prosecutrix was not aware of the fact that co-accused Dinesh was the friend of Junaid and Krishana. Relevance of these two names Junaid and Krishana has been argued on the ground that against these two persons also the prosecutrix had registered a crime, on the basis of which S.T. No.212/2023 before the Special Court, Bhopal was registered and prosecutrix failed to corroborate the prosecution story in that case, thus, both of them were acquitted. It has been argued by the counsel for objector/prosecutrix that the prosecutrix was compelled to give hostile testimony, but no document in support of that claim has been filed.

The FIR suggests that prosecutrix was repeatedly gang raped on different occasions between the period of crime mentioned in the FIR, but she never reported the matter to the Police immediately thereafter. Her statements given under Section 164 of Cr.P.C. suggest that she was brutally assaulted on the last occasion dated 07.08.2023 so much so that she went unconscious, but again no report was made by her. Further, there is no document to suggest that she saw any doctor for treatment of her injuries sustained in that incident.

The FIR is highly belated leaving no possibility of collection of scientific evidence through DNA examination. No injury, nor any mark of injury were Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 10/16/2023 2:11:56 PM 3 found on her person.

Having considered these facts, this Court deems it appropriate to release the applicant on anticipatory bail. Hence, the application is allowed.

It is directed that in the event of arrest of applicant by the police in the aforesaid crime, he shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for his regular appearance before the Police/Arresting Officer during the investigation or before the Court during trial.

It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which this order shall automatically stand cancelled without further reference to the Court.

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

(ANURADHA SHUKLA) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 10/16/2023 2:11:56 PM

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