Madhya Pradesh High Court
Sagar Kewat vs The State Of Madhya Pradesh on 7 October, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 7 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 43559 of 2023
BETWEEN:-
SAGAR KEWAT S/O SHRI LAKHAN LAL KEWAT M,
AGED ABOUT 31 YEARS, OCCUPATION: LABOR R/O
SEJHATA P.S. KOLGANWA DISTRICT SATNA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI ASHISH KURMI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THORUGH P.S.
KOLGANWA DISTRICT SATNA (MADHYA
PRADESH)
2. VICTIM A
.....RESPONDENTS
(BY SHRI S. K. GUPTA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.924/2023 dated 1.7.2023 registered at Police Station- Kolganwa District- Satna (M.P.) for commission of offence punishable under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act, 2012. Applicant is in detention since 6.7.2023.
2. Applicant's first bail application was dismissed as withdrawn and not pressed with liberty to renew the prayer for grant of bail after evidence of the Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/7/2023 3:58:23 PM 2 prosecutrix vide order dated 8.8.2023 passed in M.Cr.C. No.32841 of 2023.
3. As per the prosecution story, on 1.7.2023 mother of the prosecutrix lodged FIR about missing of her 16 years old eldest daughter, student of Class 7th. When despite search she could not be traced, FIR was registered. On 4.7.2023 prosecutrix was recovered. After investigation charge sheet was filed for commission of aforesaid offences.
4. Learned counsel for the applicant has submitted that applicant has not committed any office. He is innocent. He has been falsely implicated. He has not committed any rape/ aggravated penetrative sexual assault upon the prosecutrix. It is submitted that prosecutrix in her statement under Section 164 of Cr.P.C. has clearly denied about commission of rape/ aggravated penetrative sexual assault upon her by the applicant. It is also the contention of learned counsel that prosecutrix has already been examined before the trial Court. She has turned hostile and has not supported the prosecution story. Therefore, it is prayed that applicant may be released on bail.
5 . O n the other hand, learned counsel for the State has opposed the grant of bail to the applicant.
6. Prosecutrix has been examined before the trial Court. She has turned hostile. Even in her statement under Section 164 of Cr.P.C. she did not support the factum of rape/ aggravated penetrative sexual assault upon her. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/7/2023 3:58:23 PM 37. It is directed that applicant - Sagar Kewat be released on bail on his furnishing a 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, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
8 . This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/7/2023 3:58:23 PM