Madhya Pradesh High Court
Arbaaz Khan vs The State Of Madhya Pradesh on 27 June, 2018
1
THE HIGH COURT OF MADHYA PRADESH
MCRC NO.19811/2018
(Arbaaz Khan Vs. State of MP)
Jabalpur, Dated: 27/06/2018
Shri Prasanna Namdeo, learned counsel for
the applicant.
Shri Pranay Choubey, learned Panel Lawyer
for the respondent-State.
Heard and perused the case diary.
This is the first bail application under Section 439 of Cr.P.C. filed by the present applicant, who is in custody since 8.4.2018 in connection with Crime No.63/2018 registered at Police Station Ratibarh District Bhopal for the offences punishable under Sections 363, 366, 376, 506-B, 354 of IPC and Sections 3/4 of POCSO Act.
The allegation against the present applicant is that he along with co-accused Hanif came to the house of the prosecutrix and at the gun point abducted her and thereafter committed rape upon her.
Learned counsel for the applicant has submitted that the charge sheet has already been filed in the case. It is further submitted that the date of incident is 17.3.2018 and the prosecutrix has given her statement under Section 164 of Cr.P.C. on 19.3.2018 wherein she has not only given a clean chit to the present applicant but has also stated specifically that her parents used to 2 beat her and thus she does not want to go to her parents' house. It is further submitted that in the MLC, the doctor did not give any opinion regarding the rape. It is further submitted that subsequent to the aforesaid statement recorded under Section 164 of Cr.P.C., the prosecutrix was again pressurized by her parents and therefore she has given another statement under Section 164 of Cr.P.C. on 7.4.2018 i.e. after more than 15 days from her earlier statement and this time she has taken a 'U' turn and has implicated the applicant. Under these circumstances, the counsel for the applicant has prayed that the applicant be released on bail.
It is further submitted by the learned counsel for the applicant that the story of the prosecution also appears to be rather concocted, as initially no allegation against the present applicant was made and the FIR was lodged against the unknown persons, in which it is also stated that earlier also the prosecutrix had run away from the house without any intimation.
On the other hand learned counsel for the State has opposed the bail application.
After hearing the learned counsel for the parties and having gone through the case diary, this Court is of the considered opinion that the applicant is entitled to be released on bail, as there are contradictory statements of the 3 prosecution under Section 164 of Cr.P.C. and thus the allegation of abduction and rape can only be decided after the evidence is led by the parties. As a result, without expressing any view on the merits of the case, the application filed under Section 439 of Cr.P.C. by applicant viz. Arbaaz Khan is hereby allowed.
It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs.50,000/- (Rupees fifty thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court and for complying with the conditions enumerated in sub- section (3) of Section 437 of Cr.P.C.
Certified copy as per rules.
(Subodh Abhyankar) Judge Ansari Digitally signed by MANZOOR AHMED Date: 2018.06.29 15:02:17 +05'30'