Madhya Pradesh High Court
Raju @ Lalwa vs State Of Madhya Pradesh on 21 February, 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 21st OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 8534 of 2022
Between:-
RAJU @ LALWA S/O JALAM OJHA , AGED ABOUT
28 YEARS, OCCUPATION: LABOUR R/O VILLAGE
MAIDAPANI TAH. KALWA JILA KHANDWA M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA SINGH RAJPOOT, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH POLICE
STATION RAHATGAOW DISTRICT HARDA M.P.
(MADHYA PRADESH)
2. VICTIM 'X' D/O Y OCCUPATION: NILL R/O
VILLAGE BORPANI TEHSIL AND P.S.-
RAHATGAON, DISTRICT- HARDA, M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ANSHUL MISHRA, PANEL LAWYER)
This second bail application has come up for hearing on admission on
this day, the court passed the following:
ORDER
This is second application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Raju alias Lalwa, S/o Jalam Ojha, who is in custody since 17/08/2021 in connection with Crime No.20/2021 registered at Police Station Rahatgaon, District Harda for the offence punishable under Sections 363, 366, 376(2)(n), 376(3), 342 of the Indian Penal Code 1860 (for brevity "I.P.C") and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 (for brevity "POCSO Act").
First application was withdrawn vide order dated 04/01/2022 with liberty to renew prayer after prosecutrix is examined in the Court of Law.
Signature SAN Not Verified
It is submitted that prosecutrix was examined in the Court of Law on Digitally signed by TULSA SINGH Date: 2022.02.21 17:36:44 IST 2 05/02/2022 and she has not supported prosecution case. Similarly her brother too has not supported the prosecution case and has declared hostile. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the respondent/State opposes the application.
Taking these statements into consideration and other facts & circumstances of the case, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the 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 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.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE ts