Madhya Pradesh High Court
Vijesh @ Vijay vs The State Of Madhya Pradesh on 7 July, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1 High Court of Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal Case No.16529/2020 (Vijesh @ Vijay s/o Kelash Barela Versus The State of Madhya Pradesh AND VICTIM / PROSECUTRIX) Indore, Dated 07.07.2020 Mr. Vikas Yadav, learned counsel for the applicant.
Mr. Saransh Jain, learned Panel Lawyer for the non-applicant / State of Madhya Pradesh.
They are heard. Perused case diary / challan papers.
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.158/2018 registered at Police Station Satwas, District Dewas (MP) for offence punishable under Sections 363, 376 (2) (n) and 506 of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 and Section 5 of the Protection of Children from Sexual Offence Act, 2012.
The applicant is in custody since 16.01.2020. As per prosecution case, on the basis of the allegations made by the prosecutrix (who belongs to SC / ST Category) regarding abduction, inducement, criminal intimidation and commission of rape on the pretext of marriage, the case has been registered against the present applicant.
2Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. The applicant is in custody since 16.01.2020. The investigation is over and charge sheet has already been filed. The prosecutrix has been examined before the trial Court on 04.03.2020. At the time of incident, the prosecutrix was aged about 20 years. She in her Court statement has not supported the prosecution story and turned hostile. Under these circumstances, no alleged offence is made out against the applicant. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Panel Lawyer for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he / she prayed for rejection of the application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting anything on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like 3 amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S.K. Awasthi) Judge Pithawe RC Ramesh Chandra Pithawe Digitally signed by Ramesh Chandra Pithawe DN: c=IN, o=High Court of Madhya Pradesh Bench Indore, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=dbcd6478673ed1cb472bfe4ff530b412bf73787574d3713fa86db0de124035d6, cn=Ramesh Chandra Pithawe Date: 2020.07.07 16:38:56 +05'30'