Mohit Paal vs The State Of Madhya Pradesh on 20 July, 2023

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Madhya Pradesh High Court

Mohit Paal vs The State Of Madhya Pradesh on 20 July, 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 20 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 25830 of 2023

                          BETWEEN:-
                          MOHIT PAAL S/O UDAY SINGH PAAL, AGED ABOUT 23
                          YEARS, OCCUPATION: LABOUR R/O VILL. AVALIGHAT
                          TEH. REHTY DISTT. SEHORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI D.K.SHUKLA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH THE P.S.
                          MANDIDEEP DISTRICT RAIESN (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI ANUJ SINGH - PANEL LAWYER FOR RESPONDENT/STATE AND
                          SHRI ABHISHEK TIWARI - ADVOCATE FOR OBJECTOR )

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

This is the first bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of regular bail relating to F.I.R. No.126/2023, dated 21.4.2023, registered at Police Station Mandideep District - Raisen for the offence under Sections 363, 366, 376,376(2)(n) of IPC and under section 5L/6 of POCSO Act 2012. He is in detention since 09.05.2023.

2. As per the prosecution story, on 21.4.2023 prosecutrix's father lodged an F.I.R alleging that his eldest daughter left home at 4.30 P.M. and thereafter she has not returned to home. She is 17 years and 02 months old. It appears Signature Not Verified that she has been kidnapped by someone. She was recovered on 08.05.2023.

Signed by: MANOJ KUMAR LALWANI Signing time: 7/20/2023 7:05:27 PM 2

After investigation charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. Prosecutrix was having love affair with the applicant. Proxecutrix on her own had gone with the applicant. Prosecutrix had threatened applicant that if he will not accompany him, she will commit suicide, therefore, applicant had gone alongwith her. No offence of rape is made out. It is further submitted that prosecutrix and her father have furnished their affidavits and have stated that they have no objection if bail is granted to the applicant. On the aforesaid pretext, it is prayed that the applicant may be released on bail.

4. Learned counsel for the victim is present and he has submitted that prosecutrix and her father have furnished their affidavits stating that they have no objection if applicant is released on bail.

5. On the other hand, learned counsel for the State has opposed grant of bail to the applicant.

6 . I have gone through the prosecutrix's statement recorded under section 164 of Cr.P.C and other material on record including the affidavits furnished by the prosecutrix and her father. Having taken into consideration all the facts and circumstances of the case but without expressing any opinion on merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant is not warranted. Consequently, this third bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

7. It is directed that applicant- Mohit Patel be released on bail on h is furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/20/2023 7:05:27 PM 3 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.

8. 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 today.

(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/20/2023 7:05:27 PM

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