Chhotu Alias Atul Hirkane vs The State Of Madhya Pradesh on 10 August, 2021

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Madhya Pradesh High Court

Chhotu Alias Atul Hirkane vs The State Of Madhya Pradesh on 10 August, 2021

Bench: Rajeev Kumar Dubey

         THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.33791/2021
           ( Chhotu @ Atul Hirkane Vs. State of M.P.)
                                                                      1

Jabalpur, Dated : 10 / 08 / 2021
         Heard through video conferencing.
         Shri R.B. Gautam, learned counsel for the applicant.
         Shri Ravindra Singh Rajput, learned P.L. for the respondent-

State.

None for the prosecutrix despite compliance of Section 439(1) A of Cr.P.C. by the State.

Case diary perused.

This is first application filed under section 439 Cr.P.C. Applicant Chhotu @ Atul Hirkane was arrested on 15.05.2021 in Crime No.178/2021 registered at Police Station Katangi Distt. Balaghat for the offence punishable under Section 363, 366-A, 328, 342, 376, 376(d) of IPC and section 3,4 of POCSO Act.

As per the prosecution case, on 14.05.2021 at around 1:30 pm applicant took the prosecutrix who was minor to his house where he left her in the room and thereafter co-accused Nikhlesh committed rape with her.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Even there is no allegation against the applicant that he committed rape with the prosecutrix. The applicant has been in custody since 15.05.2021, charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted applicant abducted a minor girl and thereafter co-accused Nikhlesh committed rape with her, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that there is no allegation against the applicant that he committed rape with the prosecutrix, applicant has no criminal past, he is in custody since 15.05.2021, charge sheet has been filed and conclusion THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.33791/2021 ( Chhotu @ Atul Hirkane Vs. State of M.P.) 2 of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant 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 trial 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

6. The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.



                                                              (Rajeev Kumar Dubey)
sarathe                                                             Judge




          Digitally signed
          by NAVEEN
          KUMAR
          SARATHE
          Date:
          2021.08.10
          18:39:00
          +05'30'

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