Altaf Ali @ Raja Ali vs The State Of Madhya Pradesh on 8 February, 2023

[Cites 8, Cited by 0]

Madhya Pradesh High Court

Altaf Ali @ Raja Ali vs The State Of Madhya Pradesh on 8 February, 2023

Bench: Dinesh Kumar Paliwal

                                   1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                          BEFORE
        HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                    ON THE 8 th OF FEBRUARY, 2023
               MISC. CRIMINAL CASE No. 59637 of 2022

BETWEEN:-
ALTAF ALI @ RAJA ALI S/O SABIR ALI, AGED ABOUT 23
YEARS, OCCUPATION: UNEMPLOYED (PRESENTLY IN
JAIL) RANI DURGAWATI WARD, SEONI ROAD
SONAKHAR WARD, NO. 22 DISRICT CHHINDWARA
(MADHYA PRADESH)

                                                                  .....APPLICANT
(BY SHRI ROHIT PEGWAR - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION KUNDIPURA CHHINDWARA
      (MADHYA PRADESH)

2.    VICTIM A D/O NOT KNOWN OCCUPATION: NIL
      NOT MENTION (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI ASHISH KURMI - PANEL LAWYER AND SHRI SAKET MALIK -
ADVOCATE FOR OBJECTOR)

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

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 11.09.2022 in connection with Crime No. 536/2022 registered at P.S.-Kundipura District- Chhindwara (MP) for the offence punishable under Sections 354, 354 (a), 354(d), 376, 376(2)(j) and 376(3) and Sections 3, 4, 7 and 8 of POCSO Act.

A s per the prosecution case, 08.09.2022, 16 years minor prosecutrix submitted an application in writing alleging that she is a student of class 11. Her date of birth is 25.07.2006. On 08.09.2022, at around 4:30 PM, when she out side her school, was waiting for her father. Altaf Ali @ Raja came and asked her as to where she is going at this she told that her father is coming to pick her up, then Altaf Ali @ Raja caught hold her right hand and attempted to pull her. In the meantime, her father and brother reached there, at this Altaf Ali @ Raja left the place. FIR was registered. On 10.09.2022, when she was taken to medical examination, she informed doctor that 3-4 months ago, Altaf Ali @ Raja had committed rape/aggravated penetrative sexual assault upon her. In her 164 of Cr.P.C. statement before the JMFC, she has corroborated the fact of commission of rape/aggravated penetrative sexual assault upon her by accused. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. He has no criminal background. Applicant has never committed any rape/aggravated penetrative sexual assault upon prosecutrix. He has been implicated only because they are neighbour and have some enmity with each other. Therefore, it has been prayed that the applicant be released on bail pending the trial.

O n the other hand, learned counsel for the State as well as learned counsel for the objector has opposed the grant of bail to the applicant and has submitted that family members of the applicant are extending threat and are pressurizing them to enter into compromise, otherwise prosecutrix and her family should remain ready to face dire consequences. In the aforesaid pretext, 3 they have prayed for dismissal of the bail application. It is also the argument of learned counsel for the objector that delay in reporting the information of rape/aggravated penetrative sexual assault upon prosecutrix at the time of deciding of bail is not material. Therefore, applicant be not released on bail.

After investigation, charge sheet has been filed. In written complaint, there was no allegation about commission of rape/aggravated penetrative sexual assault. Such allegation has been made for very first time, at the time of medical examination and recording of 164 Cr.P.C. statement. Applicant has no criminal background. Trial of the case will take considerable time.

Therefore, having taken into consideration all the facts and circumstances of the case, I deem it proper to release the applicant on bail.

Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed subject to condition that he and his family members shall not make any attempt to influence or tamper with the prosecution evidence and shall not extend any threat and shall not pressurize prosecutrix and her family members to enter into compromise.

In case, any complaint regarding such threat is made by the prosecutrix this order shall become ineffective.

It is directed that applicant-Altaf Ali @ Raja Ali be released on bail on h is 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.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2023.02.09 11:14:46 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court