Madhya Pradesh High Court
Surendra Kumar Panika vs The State Of Madhya Pradesh on 19 February, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.4365/2018
Jabalpur, Dated : 19.2.2018
Mr. B.K. Vaishya, learned counsel for the
applicant.
Mr. Yogesh Dhandhe, learned Government
Advocate for the State.
This is an application under section 439 of the
Code of Criminal Procedure, 1973 for grant of bail on
behalf of applicant Surendra Kumar Panika in
connection with Crime No.436/2017, registered at
Police Station Mada, District Singrauli, for offences
under sections 376(1) & 506 of the IPC.
The applicant is in judicial custody since
07.12.2017in the aforesaid case.
Charge against him is of having rape with the prosecutrix. Learned counsel for the State while opposing the application for bail has read out from the 164 statement of the prosecutrix in which she says that she along with her husband had gone to the applicant for exorcism of her child who used to be ill. The applicant is alleged to have told the prosecutrix and her husband that they would have to be there for atleast five days, during which time he would carry out the exorcism. On 01/11/2017, he stated to have said the husband of the prosecutrix to get some material for the exorcism and thereafter he took her to the field and in the name of exorcism stated to have committed rape with her. The FIR has been registered on 10/11/2017 in which the prosecutrix has stated that the delay for registering of the FIR was the fear of the applicant.
Learned counsel for the applicant has submitted that he has been falsely implicated in this case. He says no article relating to exorcism has been seized from the possession of the applicant here. This fact is not disputed. The independent witness Gulab's statement was also read out in the Court, which appears to be a case of hearsay as he says that he got the information from the husband of the prosecutrix that they had brought the child to the applicant herein for the purpose of exorcism to cure his illness.
Looking at the facts and circumstances of the case and the fact that applicant is in judicial custody since 07/12/2017, the MLC is inconclusive, the delay of nine days in registering the FIR and charge-sheet has been filed, I am inclined to allow the instant application and direct that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Certified copy as per rules.
(Atul Sreedharan) Judge Astha Digitally signed by ASTHA SEN Date: 2018.02.20 10:50:56 +05'30'