Madhya Pradesh High Court
Atul Agarwal @ Chintu vs State Of Madhya Pradesh on 23 July, 2020
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 CRA-8170-2019
The High Court Of Madhya Pradesh
CRA-8170-2019
(ATUL AGARWAL @ CHINTU Vs STATE OF MADHYA PRADESH AND OTHERS)
9
Jabalpur, Dated : 23-07-2020
Heard through Video Conferencing.
Shri Ashok Chourasia, learned counsel for the appellant.
Shri Atul Tamrakar, learned Panel Lawyer for respondent-State.
Heard.
Case diary is available with the Panel Lawyer.
This first criminal appeal has been filed on behalf of the appellant under Section 14-A o f t h e S C /S T (Prevention of Atrocities) Act, 1989. The appellant is in custody since 22.02.2017, in connection with Crime No.40/2017, registered at Police Station Chandia, District Umaria (M.P.) for the offence punishable under Sections 363, 364-A, 366-A, 372, 373, 376(n), 376(2)(i) and 120-B/34 of the IPC, Section 4/6 of POCSO Act and Sections 3(1)(b) and 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989.
It is alleged that on 29.01.2017 at about 06:00 to 07:00 p.m., co- accused Manish took the prosecutrix from guardianship of her parents to Maihar and during stay, he committed rape upon her repeatedly. Thereafter, she was taken to Mathura by other co- accused Premlal and Jaggu where they met with appellant-Atul Kumar Agarwal. Prosecutrix was then taken to Radha Rani Temple, solemnized marriage with one Rakesh and started living with him and his family members. It is also alleged that appellant had purchased prosecutrix from co-accused Manish for a sum of Rs.1 Lakh. After investigation, prosecutrix was recovered by the police on 18.2.2017. On lodging of report by her mother, case has been registered against the applicant and other co-accused in the concerned Police Station for the aforesaid offences.
Learned counsel for the appellant submits that the appellant is an Signature Not innocent person and he has been falsely implicated in this case. There is no SAN Verified Digitally signed by MOHD IRFAN SIDDIQUI Date: 2020.07.23 16:59:29 IST 2 CRA-8170-2019 criminal antecedents against him. He is permanent resident of Mathura and there is no chance of his absconding. On these ground, learned counsel for the appellant prays for grant of bail to the appellant.
Per-contra, learned Panel Lawyer has opposed the bail application. Earlier the criminal appeal of the appellant for grant of bail was considered and dismissed twice.
After considering the facts and circumstances of the case, there appears no change in the circumstances so as to take a different view in this matter.
Accordingly, the appeal of the appellant for grant of bail dismissed (MOHD. FAHIM ANWAR) JUDGE irfan Signature SAN Not Verified Digitally signed by MOHD IRFAN SIDDIQUI Date: 2020.07.23 16:59:29 IST