Madhya Pradesh High Court
Sawan vs State Of M.P. on 26 March, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MCRC.No.52637/2020 (Sawan vs. State of MP ) Indore, dated :26.3.2021 Shri Arshad Ahmed Mansoori, learned counsel for the applicant. Shri Sameer Verma, learned Public Prosecutor for the non-applicant No.1 - State.
Heard. Perused the case diary.
This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant -Sawan S/o Jeevan Waberia is implicated in Crime No.701/2020 registered at Police Station - Chandan Nagar for the offence punishable under Sections 363,366,376(3), 376 D,376(2)(N),506, IPC 5(G),6,5(L)6,3/4 POCSO Act and he is in custody since 18.9.2020.
Allegation against the applicant is that he along with two other persons committed gang rape upon the minor prosecutrix.
Learned counsel for the applicant has drawn attention of this court to the deposition of the prosecutrix, who has completely turned hostile and has not supported the prosecution story. Mother of the prosecutrix Kavita PW-2 has also been examined, who has also turned hostile and does not support the prosecution story.
Specific questions have been put in the cross examination of the prosecutrix regarding committing of gang rape on her by the applicant and other co-accused persons in paragraphs 9 and 10 of the cross examination by the prosecutor, the prosecutrix totally denies the aforesaid submission.
Learned counsel for the applicant on these grounds, has sought bail for the applicant.
Learned Public Prosecutor for the State was also heard who has opposed the bail application.
Considered.
In view of the aforesaid submissions, mainly those advanced by 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MCRC.No.52637/2020 (Sawan vs. State of MP ) counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant - Sawan S/o Jeevan Waberia shall 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 to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the concerned Court for its compliance.
M.Cr.C. No.52637/2020 is allowed and stands disposed of Certified copy as per rules.
(Shailendra Shukla) Judge das Digitally signed by REENA PARTHO SARKAR Date: 2021.03.26 17:34:09 +05'30'