Saligram vs The State Of Madhya Pradesh on 20 May, 2021

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Madhya Pradesh High Court

Saligram vs The State Of Madhya Pradesh on 20 May, 2021

Bench: Shailendra Shukla

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
   MISCELLANEOUS CRIMINAL CASE NO.15328 OF 2021
           (Saligram vs The State of Madhya Pradesh)



Indore, Dated 20.05.2021
     Arguments heard through Video Conferencing.
     Mr. Abhishek Rathore, learned counsel for the applicant.
     Mr. Sachin Jaiswal, learned counsel for the non-
applicant/State.
                             ORDER

Submissions were made on first bail application filed by applicant - Saligram S/o Nathulalji Jatav under Section 439 of Criminal Procedure Code, 1973, in respect of Crime No.472/2020 registered at Police-Station-Manasa, District- Neemuch (MP) for allegedly committed offence under Sections 363, 366(A), 366, 376(2)(N) and 506 of Indian Penal Code, 1860 and under Sections 5L/6 and 5L/17 of POCSO Act, 2012 and the applicant is in custody since 01.01.2021.

As per prosecution story, the applicant had kidnapped and raped the prosecutor who was a minor.

Learned counsel for the applicant has invited Court's attention to the deposition of prosecutrix who has stated that it was she who suggested the applicant that both should go away from their village and get married with each other and further she states that the applicant had not committed any offence against her. Learned counsel thus submits that the offence of kidnapping and raping is not made out against the present applicant. The applicant is in jail since 01.01.2021 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.15328 OF 2021 (Saligram vs The State of Madhya Pradesh) Learned counsel for the State has been heard. After due consideration of the aforesaid and in view of the statements made under Section 164 Cr.PC by prosecutrix, a case is made out for grant of bail to the present applicant. Accordingly the bail application filed by applicant - Saligram S/o Nathulalji Jatav is being allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Miscellaneous Criminal Case No.15328 of 2021 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.





                                               (SHAILENDRA SHUKLA)
Arun/-                                            VACATION JUDGE


Digitally signed by ARUN NAIR
Date: 2021.05.21 10:17:11
+05'30'
                        3

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.15328 OF 2021 (Saligram vs The State of Madhya Pradesh)

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