Ranjeet vs The State Of Madhya Pradesh on 6 October, 2023

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Madhya Pradesh High Court

Ranjeet vs The State Of Madhya Pradesh on 6 October, 2023

Bench: Anuradha Shukla

                                                              1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                ON THE 6 th OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 31422 of 2023

                          BETWEEN:-
                          RANJEET S/O RAJU KADAVE, AGED ABOUT 30 YEARS,
                          OCCUPATION: LABOUR, R/O SARANGBIHAR, TAHSIL
                          MOHKHED,    DISTRICT CHHINDWARA (MADHYA
                          PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI SHISHIR VERMA - ADVOCATE)

                          AND
                          1.      THE STATE OF MADHYA PRADESH THROUGH P.S.
                                  MOHKHED, DISTRICT CHHINDWARA (MADHYA
                                  PRADESH)

                          2.      VICTIM   - A THROUGH POLICE STATION
                                  MOHKHED, DISTRICT CHHINDWARA (MADHYA
                                  PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI AATMARAM BEN - DEPUTY GOVERNMENT ADVOCATE)

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

                          the following:
                                                               ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure 1973 for grant of regular bail relating to FIR/Crime No.40/2023 dated 26.01.2023 registered at Police Station Mohkhed, District Chhindwara for the offences punishable under Sections 363, 366-A, 344, 376(2)(n), 376(3) of IPC and Sections 3, 4(2), 5(L), 6 of the POCSO Act, 2012.

Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 10/7/2023 3:24:23 PM 2

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 09.02.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of the district and there is no likelihood of his absconding from the clutches of law or tamper with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application.

Heard learned counsel for the parties and perused the case diary. In this case, the age of the prosecutrix was less then 16 years. The bail application has been argued on the ground that she was a consenting party and for this the observation made in MLC has been referred to. The MLC suggests that the prosecutrix tested positive for pregnancy test and the FSL report is also positive.

Having considered the age of prosecutrix, the arguments of her being a consenting party cannot be accepted, this Court is not inclined to release the applicant on bail.

Accordingly, M.Cr.C. is dismissed.

(ANURADHA SHUKLA) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 10/7/2023 3:24:23 PM

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