Madhya Pradesh High Court
Ajay Shankar vs The State Of Madhya Pradesh on 25 March, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 25 th OF MARCH, 2023
MISC. CRIMINAL CASE No. 13092 of 2023
BETWEEN:-
AJAY SHANKAR S/O LATE SHRI CHOTTELAL, AGED
ABOUT 24 YEARS,
OCCUPATION: LABOUR
R/O: GRAM KHODIHAR, P.S. SIHONIYYA, TEHSIL AMBA
DIST. MURENA (MADHYA PRADESH)
.....APPLICANT
(NONE FOR THE APPLICANT)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION -
CITY BIORA, DIST. RAJGARH (MADHYA
PRADESH)
2. VICTIM X THROUGH P.S. CITY BAIORA DIST.
RAJGARH (MADHYA PRADESH)
.....NON APPLICANTS
(SHRI KAPIL MAHANT - PANEL LAWYER FOR NON APPLICANT
NO.1/STATE)
This application coming on for admission this day, the court passed the
following:
Counsel for the State informed that notice has been duly served on the
prosecutrix.
ORDER
Bail application considered.
Signature Not VerifiedApplicant has filed this first bail application under Section 439 of the Signed by: TRILOK SINGH SAVNER Code of Criminal Procedure, 1973. He is in jail since 1.11.2022 in connection Signing time: 25-Mar-23 4:48:41 PM 2 with Crime No.584/2022 registered at P.S. - City Biaora, District Rajgarh (M.P.) for commission of offence punishable under Section 363, 366-A, 376, 342, 343, 344, 323 of IPC and Section 3/4 of POCSO Act.
As per the prosecution story, mother of the prosecutrix/complainant lodged a missing person report at P.S. - City Biaora by stating that her minor daughter/prosecutrix was going for giving examination but she did not return back. They tried to search her everywhere, but they could not found her. During the investigation it has been gathered that present applicant abducted the prosecutrix and took her with him to different places and committed rape upon her. Accordingly offence has been registered.
It has been submitted in the application that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 1.11.2022. Investigation is over and charge sheet has been filed. Prosecutrix (PW-1) and her mother (PW-2) have been examined before the trial Court and both of them have turned hostile and did not state anything against the present applicant in respect of the aforesaid offence. Applicant is permanent resident of District Murena. Final conclusion of trial will take considerable long time. Hence, it is prayed that applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that the prosecutrix (PW-1) has been turned hostile before the trial Court and she categorically stated in her Signature Not Verified statement that at the time of incident she went to the house of her Bua and Signed by: TRILOK SINGH SAVNER Signing time: 25-Mar-23 4:48:41 PM present applicant neither abducted her nor committed any rape upon her, 3 mother of the prosecutrix (PW-2) has also deposed in the same manner and did not state anything against the present applicant, in view of the evidence available on record, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.
(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 25-Mar-23 4:48:41 PM