Madhya Pradesh High Court
Roshan vs The State Of Madhya Pradesh on 9 December, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2024:MPHC-IND:34963
1 MCRC-51400-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 9 th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 51400 of 2024
ROSHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anopam Chouhan, learned counsel for the applicant.
Shri Hemant Sharma, learned Govt.Advocate for the respondent/State.
ORDER
Heard with the aid of case diary.
2. This is second application filed under Section 439 of Cr.P.C./483 of BNSS, 2023 for grant of bail to the applicant/accused, relating to FIR/Crime No.355/2024 dated (not mentioned) registered at Police Station - Bhikangaon, District - Khargone (M.P.) for commission of offence punishable under Section 363, 366(a), 376, 344, 376(2)(n) of IPC and Section 5L/6, 3/4 of the Protection of Children from Sexual Offences Act.
3. As per prosecution story, at the time of incident prosecutrix was minor around more than 16 years of age. Prior to the incident the prosecutrix knew the applicant. There was also telephonic conversation between them. On 17.6.2024 the applicant gave false pretext to marry her and called the prosecutrix at Saikhedi road, Due to aforesaid on 17.6.2024 the prosecutrix left her house and met with the applicant at Saikhedi road. Thereafter, both of Signature Not Verified Signed by: SHAILESH PATIL Signing time: 10-12-2024 14:48:12 NEUTRAL CITATION NO. 2024:MPHC-IND:34963 2 MCRC-51400-2024 them went to Maharashtra and lived together around two months. Meanwhile, the applicant committed rape upon her repeatedly.
4. Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. It is submitted that after dismissal of the first bail application on 15.10.2024 with liberty to renew his prayer after examination of the prosecutrix and her parents before the trial Court, the prosecutrix (PW-1), her father (PW-2) have been examined before the trial Court. It is submitted that mother of the prosecutrix has not been cited as a witness before the trial Court. It is submitted that the prosecutrix and her father have not supported the case of prosecution. Father of the prosecutrix (PW-2) admitted in his examination- in-chief that at the time of incident prosecutrix was around 19 years of age, therefore, it cannot be said that at the time of incident prosecutrix was minor. The applicant is in custody since 14.8.2024. The investigation is complete and charge-sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.
5. On the other hand, learned Advocate for the non-applicant/State opposes the application and prayed for its rejection.
6. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
7. It is directed that applicant - Roshan shall be released on bail on his Signature Not Verified Signed by: SHAILESH PATIL Signing time: 10-12-2024 14:48:12 NEUTRAL CITATION NO. 2024:MPHC-IND:34963 3 MCRC-51400-2024 furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) along with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
8. This order shall be effective till the end of trial but in case of bail jump,it shall become ineffective.
9. With the aforesaid, this application is allowed and stands disposed off.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 10-12-2024 14:48:12