Raja Ji vs The State Of Madhya Pradesh on 3 March, 2023

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Madhya Pradesh High Court

Raja Ji vs The State Of Madhya Pradesh on 3 March, 2023

Bench: Dinesh Kumar Paliwal

                                                              1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 3 rd OF MARCH, 2023
                                          MISC. CRIMINAL CASE No. 8783 of 2023

                         BETWEEN:-
                         RAJA JI S/O INDRAPAL SINGH THAKUR, AGED ABOUT
                         22 YEARS, OCCUPATION: LABOUR R/O GUDNANIYA, P.S.
                         SIMARAIYA DISTRICT PANNA (MADHYA PRADESH)

                                                                                           .....APPLICANT
                         (BY SHRI U.N. PANDEY - ADVOCATE )

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION SIMARAIYA DISTRICT PANNA
                               (MADHYA PRADESH)

                         2.    VICTIM A D/O NOT MENTION THROUGH P.S.
                               SIMARIYA DISTRICT PANNA (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                         (BY SHRI S.K.GUPTA - PANEL LAWYER FOR RESPONDENT NO.1 AND
                         SHRI KASHIRAM - ADVOCATE FOR 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 for grant of bail, pending the trial.

The applicant has been arrested in connection with Crime No.302/2022, registered at Police Station - Simariya District Panna (M.P.) for commission of offence under Sections 363,366-A,376(3),506,120-B of IPC and Section 3/4 of POCSO Act. He is in detention since 24.01.2023.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/4/2023 1:04:35 PM 2

As per the prosecution story, on 04.08.2022 16 year old prosecutrix's father lodged an FIR about missing of the prosecutrix. After five days, prosecutrix could be detected. In her first statement under Section 164 Cr.P.C she stated that she being infuriated from her mother's nature and scolding, left for maternal uncle's house, stayed there and came back on 05.08.2022. After 08 days on 13.08.2022 she gave another statement under section 164 Cr.P.C alleging that she was taken in a Bolero vehicle by Shivam Yadav and vehicle was being driven by driver. Shivam had committed rape/ aggravated penetrative sexual assault upon her. After investigation charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. There is no allegation against him about committing rape/aggravated penetrative sexual assault upon the prosecutrix. The only allegation against him is that he was driver of the vehicle. There is no legal and cogent evidence against him as the prosecutrix's statements are contradictory in nature. Therefore, it has been prayed that applicant be released on bail.

On the other hand, learned Panel Lawyer as well as learned counsel for the objector have opposed the grant of bail to the applicant.

Having taking into consideration the allegations made against the present applicant it is apparent that there is no allegation against the applicant about committing rape/aggravated penetrative sexual assault upon the prosecutrix. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion 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/accused is not warranted. Consequently, this first b ail application Signature Not Verified under Section 439 Cr.P.C. is hereby allowed.

Signed by: MANOJ KUMAR LALWANI Signing time: 3/4/2023 1:04:35 PM 3

It is directed that applicant - Raja Ji 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 learned trial Court subject to condition that he shall appear before the trial Court on all the dates fixed by it during pendency of trial and will not create any hindrance in progress 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 remain effective till the end of the trial. However, in case of bail jump and breach of any of the condition of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/4/2023 1:04:35 PM

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