Madhya Pradesh High Court
Amit Singh @ Amit Shrivas (Savita) vs The State Of Madhya Pradesh on 3 August, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 3rd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 32566 of 2022
Between:-
AMIT SINGH @ AMIT SHRIVAS (SAVITA) S/O
SHRI BANTI SHRIVAS SAVITA, AGED ABOUT 22
Y E A R S , OCCUPATION: LABOUR VILLAGE
PACHOKHARA, P.S. CHINNONI, DISTRICT
MORENA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DHANESH KANT TIWARI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION SIMARIYA PANNA (MADHYA
PRADESH)
2. V I C T I M A THROUGH POLICE STATION
SIM ARIYA DISTRICT PANNA (M.P.) (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATTERJEE, GOVERNMENT ADVOCATE)
This second bail application coming up for hearing on admission this
day, the court passed the following:
ORDER
This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Amit Singh @ Amit Shrivas (Savita), who is in custody since 01.01.2022 in connection with Crime No.365/2021 registered at Police Station Simariya, District Panna (M.P.) for the Signature Not Verified SAN offence punishable under Sections 363, 366-A, 376(3) of IPC and Section 3/4 Digitally signed by MOHD TABISH KHAN Date: 2022.08.03 15:52:03 IST of POCSO Act and Section 3(2)(5), 3(2)(5K), 3(1)(W)(i) of SC/ST Act.
2First bail application of the applicant was dismissed as withdrawn vide order dated 08.03.2022 in M.Cr.C. No.8944/2022.
It is submitted that FSL report is negative, therefore, there is no question of collecting DNA report. As far as, prosecutrix and her mother are concerned. Both have been examined respectively as PW-1 and PW-2. They have not supported the prosecution case and they have turned hostile. In view of said facts, that since prosecutrix has been examined, there are no chances of influencing the star witness. Investigation is complete and charge-sheet is filed. Applicant is in custody since 01.01.2022. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Shri Sudeep Chatterjee, learned Government Advocate for the State opposes the prayer for grant of bail.
After hearing learned counsel for the parties and taking into consideration the overall facts and circumstances, I am of the opinion that this is a good case to extend benefit of bail to the applicant. Hence, without commenting anything on merits of the case, this bail application is allowed.
It is directed that applicant Amit Singh @ Amit Shrivas (Savita) be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Signature Not Verified SANThis order shall be effective till the end of the trial, however, in case of Digitally signed by MOHD TABISH KHAN bail jump and breach of any of the pre-condition of bail, it shall become Date: 2022.08.03 15:52:03 IST ineffective.
3I n view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.08.03 15:52:03 IST