Madhya Pradesh High Court
Prem Narayan Jhariya vs The State Of Madhya Pradesh on 4 January, 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 4 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 51760 of 2022
BETWEEN:-
PREM NARAYAN JHARIYA S/O CHATRA KUMAR
JHARIYA, AGED ABOUT 23 YEARS, OCCUPATION:
AGRICULTURIST VILLAGE KARELI P.S. ADEGAON
DISTRICT SEONI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANURAG SHIVHARE, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION ADEGAON SEONI (MADHYA
PRADESH)
2. VICTIM A D/O NOT MENTION THROUGH POLICE
STATION ADEGAON, DISTRICT SEONI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI A.N. GUPTA, GOVERNMENT ADVOCATE FOR RESPONDENT
NO.1/STATE )
(NONE FOR THE RESPONDENT NO.2.)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant Prem Narayan Jhariya for grant of bail, pending the trial.
The applicant has been arrested in connection with Crime No.187/2022, registered at Police Station - Adegaon, District -Seoni (M.P.) for commission of offence punishable under Sections 363, 366, 376(2)(n) and 506 of IPC and Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/5/2023 7:56:26 PM 2 Section 3/4 of the POCSO Act, 2012. Applicant is in jail since 25.08.2022.
As per the prosecution story, on 12.06.2022 prosecutrix's father lodged an FIR stating that he is blessed with two son and one daughter. His 15 years and 10 months old daughter is missing from home since 10.06.2022. On the basis of information given by the father, FIR was registered for commission of offence under Section 363 of IPC. On 16.06.2022 prosecutrix appeared at Police Station. In her statement recorded under Section 164 of Cr.P.C. she stated nothing against the present applicant but later, on 13.07.2022 again her statement under Section 161 and 164 of Cr.P.C. was recorded and in those statements she changed her earlier version and stated that on 10.06.2022 present applicant Prem Narayan Jhariya forced her to sit in the car and took her to Nagpur. In Nagpur they stayed in a room where Prem Narayan committed rape/ aggravated penetrative sexual assault upon her. Thereafter, they both came to Jabalpur from bus and stayed at Jabalpur. In Jabalpur too Prem Narayan committed rape/aggravated penetrative sexual assault on her. When they were in Katni, someone informed Prem Narayan that FIR has been lodged. At this they both returned to Jabalpur. In Jabalpur Anil Jhariya came from motorcycle to took them, when they reached near Devgaon forest, father, uncle and maternal uncle Madan Jhariya of Prem Narayan came there and took her to police station. There they remain waiting for entire day but police did not take any action. Thereafter Premnarayan and his maternal aunt's son took her to Pathlon where she remained for two days. In Pathlon, Premnarayan's father, uncle, cousin and maternal uncle threatened her to give statement as per their tutoring. She had given earlier statement under the pressure of father, uncle and maternal uncle of Prem Narayan Jhariya. Thereafter, Section for commission of offence under 376(2)(n), 366 and 506 of IPC and Section 3/4 of POCSO Act Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/5/2023 7:56:26 PM 3 were added against the present applicant Prem Narayan Jhariya and he was arrested.
Learned counsel for the applicant has submitted that present applicant h a s not committed any offence. In her statement dated 16.06.2022, prosecutrix did not make any allegation against the applicant about commission of rape/aggravated penetrative sexual assault. After one month under the pressure of parents and family members a false story of rape/aggravated penetrative sexual assault has been manufactured. It is further submitted that earlier applicant was released on bail in the same crime number but later he was arrested without getting that order cancelled from the competent Court. Applicant is a student having no criminal background. Therefore, it has been prayed that applicant be released on bail.
On the other hand, learned counsel for the State has opposed the grant of bail to the applicant.
I have gone through the two statements given by the prosecutrix under Section 164 of Cr.P.C. and under Section 161 of Cr.P.C. given on the two different dates as well as other material on record. Having taken into consideration all the facts and circumstances of the case and the entirety of facts, I am of the view that it is a case in which applicant/accused may be released on bail. Consequently, this first bail application under Section 439 of Cr.P.C. is hereby allowed.
It is directed that applicant-Prem Narayan Jhariya 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 concerned Court on all Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/5/2023 7:56:26 PM 4 such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial.
This order shall remain 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 kundan Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/5/2023 7:56:26 PM