Madhya Pradesh High Court
Dwarka @ Malgujar vs The State Of Madhya Pradesh on 2 July, 2019
1 MCRC-25614-2019
The High Court Of Madhya Pradesh
MCRC-25614-2019
(DWARKA @ MALGUJAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-07-2019
Shri Guljar Rajpoot, counsel for the applicant.
Shri R.N. Yadav,learned P.L. for the respondent / State.
Heard with the aid of case diary.
This is second application filed under Section 439 Cr.P.C. Applicant Dwarka @ Malgujar was arrested on 31/01/2019 in Crime No.48/2019 registered at Police Station Themi, District Narsinghpur for the offence punishable under Sections 366, 376(D), 342, 328, 506/34 of IPC.
Earlier bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 06/05/2019 passed in M.Cr.C.No.16103/2019.
As per the prosecution case, on 28/01/2019 Smt. Pratima Singh on behalf of prosecutrix, who was deaf and dumb, lodged the report at Police Station Themi, District Narsinghpur averring that in the intervening night of 24-25.01.2019 at around 1:30 co-accused Lokesh @ Akash abducted the prosecutrix and took her to his farm situated at Sagoni road, where he called applicant Dwarika @ Malguzar Kurmi. On that applicant Dwarika @ Malguzar Kurmi came there, where they committed rape with the prosecutrix. On that, police registered Crime No.48/2019 for the offences punishable under Sections 366, 376D, 342, 328 /34 of IPC. During the investigation, it was found that co-accused Ganpat @ Gannu, Prahlad Patel, Ganpat Patel, Tarwar and Kallu @ Sheersagar Patel had earlier also committed rape with the prosecutrix.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that in the FIR name of the applicant is not mentioned. In the FIR only it is mentioned that two or three persons committed rape with the prosecutrix. The statement of the prosecutrix has been recorded by the Digitally signed by ANURAG SONI Date: 03/07/2019 10:54:33 2 MCRC-25614-2019 trial Court. She did not support the prosecution story. The charge-sheet has been filed. The applicant is in custody since 31.01.2019 and the conclusion of the trial is likely to take a long time, hence prayed for the release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that applicant committed rape with the prosecutrix, who was deaf and dumb, so he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the name of the applicant is not mentioned in the FIR and the statement of the prosecutrix has been recorded by the trial Court, the applicant is in custody since 31/01/2019, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5 . The applicant will not seek unnecessary adjournments during the trial; and Digitally signed by ANURAG SONI Date: 03/07/2019 10:54:33
3 MCRC-25614-2019
6. The applicant will not leave India without previous permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 03/07/2019 10:54:33