Madhya Pradesh High Court
Monu Rao vs The State Of Madhya Pradesh on 30 January, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 30 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 50238 of 2022
BETWEEN:-
MONU RAO, S/O SHRI SUNIL RAO, AGED ABOUT 22
YEARS, OCCUPATION: AGRICULTURIST, R/O WARD NO.
4 MACHLI MARKET, BAIRHGARH BHOPAL (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI J.L.SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE P.S. BAIRAGARH DISTRICT BHOPAL
(MADHYA PRADESH)
2. VICTIM A D/O NOT MENTION NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP DWIVEDI - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure pending the trial.
The applicant is in custody since 02.08.2022 in connection with Crime No.296/2022, registered at P.S.- Bairagarh, District Bhopal for commission of offence punishable under Sections 376, 376(2)(i), 376(2)(n), 506, 363, 366 of IPC and Section 5(l)/6 of POCSO Act.
2As per the prosecution story on 14.06.2022, 13 year and 7 months old prosecutrix lodged an FIR about missing of her daughter. FIR was registered. On 20.06.2022, prosecutrix appeared before the Police. In her statement recorded under Section 164 of Cr.P.C prosecutrix stated that she had love affairs with Monu. They both had left the house on their own and thereafter they stayed at Hoshangabad for 6-7 days. It was also stated that Monu's father had threatened that he will kill her and her family. After one month and 6 days of the earlier statement under section 164 of Cr.P.C prosecutrix's new statement under section 164 of Cr.P.C was again recorded and in it she made allegation about rape/aggravated penetrative sexual assault. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Prosecutrix and applicant were having love affairs and had gone on their own. No rape/aggravated penetrative sexual assault was committed upon prosecutrix. Before the JMFC Court after one month of recording of her earlier statement prosecutrix has changed her version and has made false allegations which have no substance. Therefore, it has been prayed that the applicant be released on bail pending the trial.
On the other hand, learned Panel Lawyer for the State has opposed the grant of bail to the applicant.
On a perusal of the case diary, it is revealed that DNA report has not confirmed allegations. Secondly, allegation of rape/aggravated penetrative sexual assault had been made almost after one month and six days of the earlier statement recorded under Section 164 of Cr.P.C. After investigation, charge sheet has been filed. Trial of the case will take considerable time. Therefore, 3 taking into consideration the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
I t is directed that applicant - Monu Rao be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Jasleen Digitally signed by JASLEEN SINGH SALUJA Date: 2023.02.01 17:50:38 +05'30'