Madhya Pradesh High Court
Raja Patel vs The State Of Madhya Pradesh on 2 September, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 2nd OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 39289 of 2022
Between:-
RAJA PATEL S/O GHASIRAM PATEL, AGED
ABOUT 21 YEARS, OCCUPATION: STUDENT R/O
78 STATE HIGHWAY NEAR KOPRA RIVER
VILLAGE KAKRA POLICE STATION DAMOH
DEHAT DISTRICT DAMOH (M.P.) (MADHYA
PRADESH)
.....PETITIONER
(BY MR. SANJAY K. KUSHWAHA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DISTRICT
DAMOH (M.P.) (MADHYA PRADESH)
.....RESPONDENTS
(BY MR. ATMA RAM BAIN, DY.GOVT. ADVOCATE &
MR. YOGESH K. GUPTA, ADVOCATE FOR OBJECTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
T his is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.486/2022, registered at Police Station-Damoh Dehat, District-Damoh (M.P.) for offences punishable under Sections 452, 354, 354-D & 506 of IPC, Section 11/12, 7/8 of POCSO Act.
Learned counsel appearing for the applicant submitted that applicant is young boy of 21 years. He is student and he has falsely been implicated in the Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/3/2022 1:17:21 PM 2 case by prosecutrix. It is submitted that applicant was having affair with prosecutrix. Prosecutrix is aged about 171/2 years. Counsel appearing for applicant relied on photographs, which have been filed by applicant and pointing out to said photographs, it is submitted that prosecutrix is having friendly relationship with the applicant and false case of outraging the modesty has been registered against the applicant as the relationship between prosecutrix and applicant has become bad. In these circumstances, prayer is made to release the applicant on anticipatory bail.
Government Advocate appearing for the State as well as counsel for objector opposed the application for grant of anticipatory bail. It is submitted by counsel for respondents that prosecutrix does not want to keep any relationship with the applicant and, therefore, applicant had entered the house of prosecutrix and had caught hold of her hand. It is submitted that considering the fact that applicant is following the prosecutrix and also threatening her, therefore, he may not be enlarged on anticipatory bail.
Heard the counsel for the parties.
Prosecutrix in FIR has not disclosed that she is in relationship with applicant. Said fact has been suppressed by prosecutrix in FIR and she has only stated that applicant forcefully entered the house of prosecutrix and caught hold of her hand.
Considering aforesaid circumstances, age of applicant and the relationship between applicant and prosecutrix, application filed by applicant for grant of anticipatory bail is allowed.
It is ordered that in the event of arrest of applicant in connection with aforesaid crime number and the offence, on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/3/2022 1:17:21 PM 3 in the like amount to the satisfaction of t h e Investigating Officer/Arresting Authority, applicant shall be released on anticipatory bail on condition that applicant will cooperate in investigation/trial of the case and will appear before Investigating Officer/trial Court, as and when required.
Applicant will further abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/3/2022 1:17:21 PM