Madhya Pradesh High Court
Devesh Rajak vs The State Of Madhya Pradesh on 11 October, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11 th OF OCTOBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 42279 of 2023
BETWEEN:-
DEVESH RAJAK S/O SHRI VINOD RAJAK, AGED ABOUT
22 YEARS, OCCUPATION: LABOUR, RESIDENT OF
MATA MOHALLA ASHOKNAGAR (MADHYA PRADESH)
.....APPLICANT
(SHRI VIBHOR KUMAR SAHU -ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
MIYANA DISTRICT GUNA (MADHYA PRADESH)
2. PR OS ECUTR IX THROUGH POLICE STATION
MYANA, GUNA GUNA (MADHYA PRADESH)
.....RESPONDENTS
( SHRI G.K. AGARWAL - PUBLIC PROSECUTOR
SHRI ANKUR MAHESHWARI -ADVOCATE FOR THE COMPLAINANT)
This application coming on for HEARING this day, th e court passed
the following:
ORDER
Heard on IA No. 17773/2023, an application under Section 301(2) of the Cr.P.C.
For the reasons stated in the application, the same is allowed and Shri Ankur Maheshwari - learned counsel for the complainant and his associate is permitted to assist the prosecution.
This first bail application has been filed by applicant under section 439 of Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM 2 the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.283/2023 registered at Police Station Miyana, District Guna (M.P.) for offence punishable under Sections 376(2)(n), 376 and 506 of the IPC. The applicant is in judicial custody since 02/08/2023.
As per the case of prosecution, prosecutrix along with her acquaintance Jagdish Jhala reported to P.S. Miyana, District Guna on 26/07/2023 that she got acquainted with applicant Devesh Rajak through Instagram. Thereafter, they started conversation on mobile phone. On 01/06/2023, around 12.00 in the noon, Devesh called her to Umari road. They hired a taxi and proceeded for Kedarnath. Devesh took her to a forest near village Bhindra. She went to forest along with Devesh. Accused Devesh, on the pretext of marriage, had sexual intercourse with her. When she got angry, Devesh threatened to kill her. Thereafter, Devesh left her at Umrai road. Due to embarrassment, she did not narrate the incident to anyone. After few days, she gathered courage and informed her acquaintance Jagdish Jhala. On such allegation, PS Miyana, District Guna registered FIR in Crime No.283/2023 for offence punishable under Sections 376(2)(n), 376 and 506 of the IPC. Statements of prosecutrix have been recorded under Section 161 and 164 of CrPC. Devesh Rajak was arrested on 02.08.2023. Prosecutrix and Devesh have undergone medico legal examination. Investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is aged around 22 years. As per the case of prosecution, prosecutrix/victim is aged around 30 years. Applicant is falsely implicated in the matter at the instance of Jagdish Jhala. Learned counsel referring earlier FIR dated 03.06.2023 contends that another FIR containing similar allegation was lodged at the instance of Jagdish Jhala. In that matter, Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM 3 applicant was granted bail by the trial Court. After grant of bail in that matter, Jagdish Jhala managed to lodge this second FIR by different prosecutrix on similar allegation. FIR is delayed by one and a half month, which goes to show that false FIR was lodged after deliberation and premeditation. Learned counsel further submits that statement of prosecutrix has been recorded, therefore, there i s no likelihood of interfering with the investigation or tampering with the evidence. Applicant is married and has two minor children. So, there is no likelihood of absconding leaving behind his family to suffer. No further custodial interrogation is required in the matter. Jail incarceration is causing hardship to applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State ably assisted by counsel for the complainant oppose the bail application on the ground of gravity of alleged offence and submits that this is the second matter which shows modus operandi to the applicant.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that the applicant DEVESH RAJAK shall be released on bail in connection with Crime No.283/2023 registered at Police Station Miyana, District Guna (M.P.) for offence punishable under Sections 376(2)(n), 376 and 506 of the IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM 4 the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/12/2023 10:33:49 AM