Madhya Pradesh High Court
Aashu Yadav vs The State Of Madhya Pradesh on 24 August, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 24 th OF AUGUST, 2023
MISC. CRIMINAL CASE No. 35008 of 2023
BETWEEN:-
AASHU YADAV S/O SHRI MOHAN YADAV, AGED ABOUT
22 YEARS, OCCUPATION: LABOUR R/O VILLAGE
KADAMKANTI PS GULGANJ DISTT. CHHATARPUR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI SURDEEP KHAMPARIYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THORUGH P.S.
KHARGAPUR DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI SOURABH SHUKLA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.94/2023 dated 03.05.2023 registered at Police Station - Khargapur District Tikamgarh for the offence under Sections 450, 376, 354, 34 of IPC and section 3,4,7 and 8 of POCSO Act, 2012. He is in detention 05.05.2023.
2. As per the prosecution story on 02.05.2023, 15 years old prosecutrix had gone to attend the marriage of her cousin. on 02.05.2023, at around 11 P.M. her friend left her. When she was going inside the house, Ankesh Yadav Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/25/2023 10:34:22 AM 2 came and by gagging her mouth forcibly took inside the room and committed rape/aggravated penetrative sexual assault upon her. Thereafter, Ashu Yadav, Brijkishore Yadav and Guddu Yadav reached there and assisted Ankesh in leaving the spot. It is also alleged that Ashu with sexual intent caught hold her hand and attempted to outrage her modesty while Brijkishore and Guddu had left the spot. In the meantime, her aunt reached there and Ashu by leaving her fled away from the spot. She came and narrated the entire story to the family members. F.I.R was registered.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated.
Applicant is 22 years old young boy. The only allegation against the present applicant is that he caught hold hand of the prosecutrix. The main allegation of rape/aggravated penetrative sexual assault is against co-accused Ankesh Yadav and not against the present applicant. Co-accused of the case, namely, Brijkishore and Guddu @ Manoj Yadav have already been released on bail by this court vide order dated 12.07.2023 passed in M.Cr.C.No.29133/2023. Trial of the case will take considerable time. Therefore, it has been prayed that applicants may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant of bail.
5. In this case the only allegation against the present applicant is that he caught hold hand of the prosecutrix and the main allegation of rape/aggravated penetrative sexual assault is against co-accused Ankesh Yadav and not against the present applicant. Co-accused of the case, namely, Brijkishore and Guddu @ Manoj Yadav have already been released on bail by this court vide order dated 12.07.2023 passed in M.Cr.C.No.29133/2023. Trial of the case will take Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/25/2023 10:34:22 AM 3 considerable time. Therefore, having taken into consideration the prosecutrix's statement under section 164 of Cr.P.C and other material available on record but without expressing any opinion on the merits of the case, I am of the view that it is case in which further pre trial detention of the applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed
6. It is directed that applicant - Aashu Yadav be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/25/2023 10:34:22 AM