Madhya Pradesh High Court
Yogesh Rathore vs The State Of Madhya Pradesh on 22 June, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 22nd OF JUNE, 2022
MISC. CRIMINAL CASE No. 28385 of 2022
Between:-
YOGESH RATHORE S/O HARKISHORE
RATHORE, AGED 21 YEARS, OCCUPATION:
STUDENT, R/O. VILLAGE MOHNA POLICE
STATION MOHNA, DISTRICT GWALIOR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAJMANI BANSAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MOHNA, DISTRICT GWALIOR
(MADHYA PRADESH)
2. PR OSECUTR IX THROUGH POLICE STATION
MOHNA DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENT/STATE
(BY SHRI R.K. AWASHTHI - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed as withdrawn vide order dated 02.06.2022 in M.Cr.C. No.24696 of 2022.
T h e applicant was arrested on 27.01.2022 in connection with Crime No.242/2021 by Police Station Mohna, District Gwalior (MP) for the offence punishable under Sections 363, 366 and 376(2)(n) of IPC and 5(L)/6 of 2 POCSO Act.
In brief, prosecution case is that on 15.12.2021 at about 6:30 pm father of prosecutrix-Raju Namdev lodged a report at Police Station Mohna, District Gwalior that his daughter aged about 15 years 3 months is studying at Class 12th in Government Higher Secondary School, Mohna District Gwalior. In the morning at 11:30 she went from the house saying that she is going to school, but she did not return on time. Thereafter, he searched her in school, coaching and relatives, but could not trace her. He expressed apprehension that somebody persuaded her. On his report, Crime No.242 of 2021 was registered for punishable offences under Sections 363 of IPC. On 22.12.2021, she came back. Her statements were recorded. As per her statements, she stated that she is aged about 15 years and 3 months studying in 12th Class. On 15.12.2021 at about 11:30 AM, she came out from her house for going to school, on way, she reached Mohna Bus Stand from where by bus she reached Gwalior and from there, by bus she reached Mathura Vrindavan because her parents used to scold her for studies etc, due to which, she used to reside in temple and eat food from begging. On 21.12.2021, from Mathura Vrindavan by bus she reached Gwalior and thereafter, came to Mahila Thana, Padav, District Gwalior. She stated that she had gone to Mahura Vrindavan on her own and nobody had got her there by enticement and nobody committed anything wrong to her. Thereafter, on 24.12.2021, without assigning any reason, her statements were re-recorded in which she alleged that she went along with present applicant- Yogesh to Mathura Vrindavan where he committed rape with her. She was sent for medical examination. Thereafter, offences punishable under Sections 366 and 376(2)(n) of IPC and Section 5(L)/6 of POCSO Act have been enhanced against the present applicant. Applicant was arrested on 27.07.2022. After 3 investigation, charge-sheet has been filed.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody since 27.01.2022 and after investigation, charge sheet has been filed. It is submitted that statements of prosecutrix and her parents have been recorded before the trial Court, wherein, they have not supported the story of prosecution version. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection.
Heard learned counsel for the rival parties at length and perused the record.
Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE (LJ*) LOKENDRA JAIN 2022.06.22 17:49:36 +05'30' 4