Madhya Pradesh High Court
Mahaveer vs The State Of Madhya Pradesh on 15 July, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 15th OF JULY, 2022
MISC. CRIMINAL CASE No. 31258 of 2022
Between:-
MAHAVEER S/O SHRI NANDLAL, AGED ABOUT
32 YEARS, OCCUPATION: LABOUR R/O VILL.
JABAR, P.S. JABAR, DISTT. (RAJASTHAN)
.....PETITIONER
(BY SHRI KAPIL SHARMA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION G.R.P. BHOPAL DISTT.
BHOPAL (MADHYA PRADESH)
2. VICTIM A S/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANTOSH YADAV, DEPUTY GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 3.9.2018 in connection with Crime No.649/2018 registered at Police Station G.R.P. District Bhopal (M.P.) for the offence punishable under Sections 363, 370, 370A, 376, 376(2)(i), 344, 120B, 506 of the Indian Penal Code, 1860, Sections 3(2)(v), 3(1)(ii)(xii) of the SC/ST (Prevention of Atrocities) Act, 1989 Signature Not Verified SAN and Section 3 read with Sections 4/5/6 of the Protection of Children From Digitally signed by AMIT JAIN Date: 2022.07.15 17:41:36 IST Sexual Offences Act, 2012.
2Learned counsel for the applicant submits that applicant is innocent. He is falsely implicated in this case. He is in custody since 3.9.2018. His first bail appeal (Criminal Appeal No.174/2019) was dismissed on merits vide order dated 25.1.2019. The case of the present applicant is similar to that of co- accused persons, Banwari Lal Jain and Zahid in regard to whom the prosecutrix admitted that while giving her statement (Exhibit D/10), she had not said anything about Banwari Lal Jain, Zahid and Mahaveer. Co-accused persons, namely, Zahid, Atmaram @ Raju, Hasan Qureshi, Yusuf, Banwari Lal Jain have been enlarged on bail vide orders dated 17.3.2021, 1.7.2019, 10.5.2019, 11.12.2018, 11.12.2018 passed in Criminal Appeal No.2555/2021, Criminal Appeal No.4218/2019, Criminal Appeal No.1530/2019, Criminal Appeal No.8792/2018 & Criminal Appeal No.7688/2018 respectively. On the ground of parity, prayer is made to enlarge the applicant on bail.
Learned Deputy Government Advocate for the State though opposes the prayer made by learned counsel for the applicant and submits that Mahaveer has not been identified in the Test Identification Parade.
In my opinion, there is no explanation that when the prosecutrix herself admits in Paragraph No.26 of her cross-examination that she had not said anything about Mahaveer, Banwari Lal Jain and Zahid then how could she identify them.
After hearing learned counsel for the parties and taking into consideration the overall facts and circumstances and on the ground of parity with the other co-accused persons, this Court is of the opinion to grant bail to the applicant.
Signature Not Verified SANHence, without commenting anything on merits of the case, this bail application Digitally signed by AMIT JAIN is allowed.
Date: 2022.07.15 17:41:36 IST 3 It is directed that applicant Mahaveer be released on bail on his furnishing a personal bond to the tune of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the 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 pre-condition of bail, it shall become ineffective.
I n view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.07.15 17:41:36 IST