Raja @ Rajkumar vs The State Of Madhya Pradesh on 14 October, 2022

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Madhya Pradesh High Court

Raja @ Rajkumar vs The State Of Madhya Pradesh on 14 October, 2022

Bench: Vishal Dhagat

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 14th OF OCTOBER, 2022

                                          MISC. CRIMINAL CASE No. 45426 of 2022

                                   BETWEEN:-
                                   RAJA @ RAJKUMAR S/O MADANLAL KEWAT,
                                   AGED    ABOUT    18 YEARS, OCCUPATION:
                                   STUDENT R/O PURANI BASTI, GRUJAR
                                   MOHALLA,    POLICE  STATION   PIPARIYA,
                                   DISTRICT     HOSHANGABAD      (MADHYA
                                   PRADESH).

                                                                                           .....APPLICANT
                                   (BY SHRI MADAN SINGH, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION OBEDULLAGANJ, DISTRICT
                                   RAISEN (MADHYA PRADESH).

                           2.      VICTIM A S/O NOT MENTION THROUGH
                                   POLICE STATION OBEDULLAGANJ (MADHYA
                                   PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI MANAS MANI VERMA, GOVERNMENT ADVOCATE)

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

                           following:
                                                               ORDER

This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 20.08.2021 in connection with Crime No. 259/2021, registered at Police Station Obedullaganj, District Raisen (M.P.) for the offence punishable under Sections 363, 376(3), 376(2)(n) and 34 of IPC and Section 5/6, 5(L) and 6 of Protection of Children from Sexual Offences Act.

Learned counsel appearing for the applicant submitted that prosecutrix Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 10/17/2022 2:10:46 PM 2 has already been examined in Court. Since material witnesses have been examined, therefore, applicant may be released on bail.

Government Advocate appearing for the State opposed the application for grant of bail and submitted that prosecutrix is minor aged about 14 years. Applicant has committed rape on her. Considering aforesaid circumstances, application be dismissed.

Considering the age of prosecutrix and facts of the case, bail application is dismissed. Applicant is at liberty to file repeat bail application after receipt of FSL or DNA report.

(VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 10/17/2022 2:10:46 PM

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