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Madhya Pradesh High Court

Devendra Kumar Joshi vs The State Of Madhya Pradesh on 16 December, 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 16 th OF DECEMBER, 2022
                                       MISC. CRIMINAL CASE No. 57515 of 2022

                         BETWEEN:-
                         DEVENDRA KUMAR JOSHI S/O LATE GAYA PRASAD
                         JOSHI, AGED ABOUT 35 YEARS, OCCUPATION: LABOUR
                         R/O HOUSE N. 150 VILLAGE NANHI DEVARI P.S. KESLI
                         DISTRICT SAGAR (M.P.) (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI NAVEEN GIRI GOSWAMI - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION MADIYADOH DAMOH DISTRICT
                               DAMOH (M.P.) (MADHYA PRADESH)

                         2.    VICTIM A D/O NOT MENTION THROUGH POLICE
                               STATION   MADIYADOH    DAMOH   DISTRICT
                               DAMOH (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (STATE BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE)

                               This application coming on for admission this day, the court passed the

                         following:
                                                            ORDER

This is third bail application filed on behalf of applicant Devendra Kumar Joshi under Section 439 of the Code of Criminal Procedure, 1973, who is in custody since 2.12.2021 in connection with Crime No.185/2021 registered at Police Station Madiyado, District Damoh for the offence punishable under Sections 363, 366, 376, 34 of the Indian Penal Code, 1860 and Sections 5/6 & 7/8 of the Protection of Children From Sexual Offences Act, 2012.

It is submitted by learned counsel for the applicant that the applicant is innocent. He is falsely implicated in this case. His first bail application was dismissed as withdrawn vide order dated 24.2.2022 whereas his second bail application was dismissed as withdrawn vide order dated 19.9.2022. The prosecutrix was examined before the Court of law. She admits that she came to the Court alongwith Police Personnel, therefore, her statement is neither independent nor reliable. Even if her statement recorded under Section 164 of the Cr.P.C is seen then after the last incidence of violation of her privacy, she was brought to the hospital on very next day but her vaginal slide and other articles did not indicate the presence of any of the sperms etc. Only three witnesses have been examined till now. Trial will take time for its conclusion. There are no changes of tempering with the evidence by the applicant. Hence, prayer is made to enlarge the applicant on bail.

Learned Government Advocate for the State opposed the bail application.

After hearing learned counsel for the parties and going through the material available on record but without commencing on the merits of the case, I am of the opinion that this is a fit case to extend the benefit of bail to the applicant.

Accordingly, this bail application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the 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 Signature Not Verified 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 12/16/2022 4:43:32 PM