Madhya Pradesh High Court
Narayan vs The State Of Madhya Pradesh on 4 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 4 th OF DECEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 50632 of 2023
BETWEEN:-
NARAYAN S/O SHRI OMPRAKASH BHADOURIA, AGED
ABOUT 20 YEARS, RESIDENT OF VILLAGE MAURA
POLICE STATION PAWAI DISTRICT BHIND (MADHYA
PRADESH)
.....APPLICANT
(SHRI RAHUL YADAV - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
MAHILA THANA DISTRICT BHIND (MADHYA
PRADESH)
2. PROSECUTRIX X THROUGH POLLICE STATION
MAHILA THANA DISTRICT BHIND (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI PURUSHOTTAM TANWAR - PANEL LAWYER)
This application coming on for HEARING this day, the court passed
the following:
ORDER
This second bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.06/2023 registered at Police Station Mahila Thana, District Bhind (M.P.) for offence punishable under Sections 376, 376(DA), 354-C, 323, 506, 34, 450 and 366-A of the IPC and Section 5(G)/6 of the POCSO Act and Signature Not Verified Section 66-E of the IT Act. The applicant is in judicial custody since Signed by: PRACHI MISHRA Signing time: 05-Dec-23 1:07:06 PM 2 28/04/2023.First bail application was dismissed as withdrawn vide order dated 04/09/2023 passed in M.Cr.C. No. 36086/2023 with the liberty to renew the prayer after submission of DNA report. Now, DNA report has been submitted.
As per the case of prosecution, victim, aged around 16 years reported to PS Mahila Thana, Bhind on 26/04/2023 that she used to communicate with accused - Sugreev Bhadoriya on mobile phone but later she stopped communication. Sugreev had her obscene photos. On 24/04/2023 around 12.00 in the night, Sugreev alongwith his associates Jugnu @ Jugalkishore, Rohit and Narayan came to her house. Jugnu @ Jugalkishore suffocated her mouth. All the accused took her to nearby ravines and committed rape on her.
Accused also assaulted her. She sustained multiple injuries. Accused videographed her obscene images and threatened to make the video viral. On 25/04/2023, one of her cousin enquired about her obscene video so, she informed incident to her family members and submitted written complaint. On such allegations, Police Station Mahila Thana, District Bhind registered FIR at Crime No.06/2023 for offence punishable under Sections 376, 376(DA), 354- C, 323, 506, 34, 450 and 366-A of the IPC and Section 5(G)/6 of the POCSO Act and Section 66-E of the IT Act. During investigation, applicant was arrested on 28/04/2023, he is in custody ever since. One mobile phone was recovered at his instance. On completion of investigation, final report was submitted on 25/06/2023. The trial is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in the matter for the reason that he is friend of main accused Sugreev. Complainant under pressure of her family members registered FIR against Sugreev involving Signature Not Verified Signed by: PRACHI MISHRA Signing time: 05-Dec-23 1:07:06 PM 3 applicant also. Applicant is aged 18 years and 11 months. No criminal antecedent is reported against the applicant. Learned counsel referring to DNA report dated 27/09/2023 submits that DNA profile taken from source of Narayan Singh, does not match with DNA profile taken from source of victim. Learned counsel referring to digital forensic report dated 04/10/2023 submits that no obscene video data was extracted from mobile phone seized from the applicant. Learned counsel further referring to the evidence of victim (P.W.1) and submits that victim did not identify the applicant, as assailant. There is no likelihood of tampering with the remaining evidence by the applicant. There is no likelihood of absconding leaving behind his family and property. Jail incarceration is causing hardship to applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that the applicant NARAYAN shall be released on bail in connection with Crime No.06/2023 registered at Police Station Mahila Thana, District Bhind (M.P.) for offence punishable under Sections 376, 376(DA), 354-C, 323, 506, 34, 450 and 366-A of the IPC and Section 5(G)/6 of the POCSO Act and Section 66-E of the IT Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for Signature Not Verified Signed by: PRACHI MISHRA Signing time: 05-Dec-23 1:07:06 PM 4 compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 05-Dec-23 1:07:06 PM