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Madhya Pradesh High Court

Rohit @ Chhotu Rawat vs The State Of Madhya Pradesh on 4 November, 2022

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 4th OF NOVEMBER, 2022

                                          MISC. CRIMINAL CASE No. 47554 of 2022

                                   BETWEEN:-
                                   ROHIT @ CHHOTU RAWAT S/O SHRI RAMPATI
                                   RAWAT, AGED ABOUT 21 YEARS, OCCUPATION:
                                   LABOURER R/O VILLAGE NAUDHIYA, POLICE
                                   STATION KOTWALI SIDHI, DISTRICT SIDHI
                                   (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                   (BY SHRI VIVEK SHUKLA, ADVOCATE )

                                   AND
                          1.       THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION JAMODI DISTRICT SIDHI
                                   (M.P.) (MADHYA PRADESH)

                          2.       VICTIM A D/O NOT MENTION NOT MENTION
                                   (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI MANOJ JHA, PANEL LAWYER FOR RESPONDENT NO.1/
                                   STATE)

                                 This application coming on for admission this day, the court passed the

                          following:
                                                                ORDER

This is first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail, pending the trial.

The applicant has been arrested in connection with Crime No.238/2020 registered at P.S. - Jamodi, District - Sidhi (M.P.) for commission of offence under Sections 363, 366, 376(2)(n), 376(3) of IPC and Section 3/4(2), 5(j)(ii)/6 and 5 (L)/6 of POCSO Act, 2012. He is in detention since 9.7.2020.

Learned counsel for the applicant has submitted that deceased was married wife of the applicant and one child has born out of wedlock. Sister of the applicant is the wife of real brother of the deceased Prinsu Kol. Prinsu died due to illness. Mother of the prosecutrix has leveled false allegations of cruelty and rape/ aggravated penetrated sexual assault without any basis.

Therefore, learned counsel for the applicant relying on the judgment in the case of Independent Thought Vs. Union of India - (2017)10 SCC 800 has submitted that no cognizance could have been taken in this case as in offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. Police had no right to register the case. Therefore, it has been prayed that applicant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail to the applicant.

On a perusal of case diary and other material on record, it is apparent that at the time of commission of offence, deceased prosecutrix was below 15 years of age. In DNA report, the applicant has been found the biological father of infant delivered by deceased prosecutrix.

As per the mother's statement marriage of the deceased was never performed with the present applicant.

Therefore, without expressing any opinion on the merits of the case, having considered all the facts and circumstances of the case, I am of the view that it is not a fit case for grant of bail to the applicant.

Therefore, this first bail application filed on behalf of the applicant - Rohit @ Chhotu Rawat is dismissed.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: AMITABH RANJAN Signing time: 11/5/2022 11:59:41 AM