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Madhya Pradesh High Court

Arun Prakash Patel vs The State Of Madhya Pradesh on 20 November, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 20 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 49022 of 2023

                           BETWEEN:-
                           ARUN PRAKASH PATEL, S/O OMKAR PRASAD PATEL,
                           AGED ABOUT 26 YEARS, R/O VILLAGE TIKRI TOLA,
                           PATERA, P.S. MANPUR, UMARIA DISTRICT UMARIA
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI AMIT KUMAR SONI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           S TATI O N MANPUR, DISTRICT UMARIA (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. SHIKHA BAGHEL - PANEL LAWYER )

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

This is fourth application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.135/2022 dated 28.04.2022 registered at Police Station- Manpur, District- Umariya, for the offence punishable under Sections 363, 366A, 376, 376(2)(N), 366, 344 of the Indian Penal Code & Section 5L r/w Section 6 of POCSO Act. His earlier three applications for bail were dismissed on merits vide order dated 21.06.2022, 30.01.2023 and 01.08.2023 respectively.

Learned counsel for the applicant submits that the applicant is in custody Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/21/2023 2:00:13 PM 2 since 29.04.2022. The applicant is innocent and has falsely been implicated in the case. He also submits that the applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. Trial will take considerable time to conclude. Upon these submissions, learned counsel prays that the applicant may be released on bail.

On the contrary, learned counsel for the respondent/State strongly opposed the bail application.

I have heard learned counsel for the parties and perused the case-diary. This repeat bail application has been argued primarily on the ground that prosecutrix and her father have not supported the prosecution story in their Court testimony, but the order passed in M.Cr.C. No.39098/2022 was brought into the knowledge of learned counsel for the applicant in which these statements of prosecutrix and her parents were considered while dismissing the bail application.

It has been argued that the FSL report was negative, but the case diary reveals all the items which were sourced from prosecutrix tested positive for presence of sperms. It has further been argued that there was an exceptional delay of eight months in reporting the matter to the police. It has been mentioned in the order passed in M.Cr.C. No.25435/2023 that prosecutrix was subjected to forcibly intercourse on the pretext of marriage and later she came to know that the applicant was already married who used to keep her inside a locked room when she tried to resist him. These facts duly address the ground of delay, hence reconsideration of this ground cannot be under taken.

On the basis of the above discussion, this fourth bail application is dismissed.

Accordingly, the M.Cr.C. is dismissed.

(ANURADHA SHUKLA) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/21/2023 2:00:13 PM