Madhya Pradesh High Court
Tarun @ Raja vs The State Of Madhya Pradesh on 16 October, 2020
Author: B. K. Shrivastava
Bench: B. K. Shrivastava
1 MCRC-32295-2020
The High Court Of Madhya Pradesh
MCRC-32295-2020
(TARUN @ RAJA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
MCRC-30668-2020
(SAGAR KAITHWAS Vs THE STATE OF M.P. AND OTHERS)
Jabalpur, Dated : 16-10-2020
Heard through Video Conferencing.
Shri Sanjay Kumar Malvi, counsel for the applicant in M.Cr.C.
No.30668/2020.
Ms. Indu Pandey, counsel for the applicant in M.Cr.C.
No.32295/2020.
Shri Kaustabh Singh, Panel Lawyer for the respondent
No.1/State.
None for the victim, though served on 29.08.2019. H e a r d on both applications filed on 26.08.2020 and 02.09.2020 under Section 439 of the Cr.P.C. for grant of bail on behalf of applicants Sagar Kaithwas and Tarun @ Raja . Both applicants are confined in custody in connection with Crime No.214/2019, registered at Police Station Navegaon, District Chhindwara (M.P.) for the offences punishable under Sections 363, 366, 376(2)(j), 376(3)(n), 376(3), 34 of the IPC and Section 5(L) of POCSO Act. Applicant Sagar Kaithwas was arrested on 07.12.2019 and applicant Tarun @ Raja was arrested on 02.12.2019.
After arguing at length, Ms. Indu Pandey, counsel for applicant - Tarun @ Raja seeks withdrawal of the petition.
Therefore, permission is granted.
Accordingly, M.Cr.C. No.32295/2020 filed on behalf of applicant - Tarun @ Raja is dismissed as withdrawn.
I t is submitted by counsel for applicant that statement of Signature SAN Not Verified Digitally signed by SHAHINA KHAN Date: 2020.10.19 13:58:37 IST 2 MCRC-32295-2020 prosecutrix has been recorded. Co-accused Mohit and Sachin have already been granted bail. The present applicant is not the main accused, therefore, he should be enlarged on bail.
On the other side, State strongly opposed the application. It is submitted by the State that remaining evidence yet to be recorded before the trial Court, therefore, the applicant should not be enlarged on bail.
This is the second bail application on behalf of applicant Sagar Kaithwas. His first M.Cr.C. No.6340/2020 was dismissed on merits on 12.02.2020. It is observed in the aforesaid order that the allegations have been made against the present applicant in the statement recorded under Section 164 of the Cr.P.C.
At present, prosecutrix has been examined before the trial Court on 12.02.2020 and 13.02.2020 in Special Case No.39/2020 pending before the Special Judge POCSO Act, Chhindwara. The age of the prosecutrix is 15 years and 7 months because her date of birth is 16.04.2004. She is the student of Class-XI. The incident was happened on 14.11.2019, therefore, she was a girl below the age of 16 years at the time of incident.
I t is true that Sachin and Mohit already granted bail by this Court on 09.07.2020. The prosecutrix has been examined in detail before the trial Court. Statement of prosecutrix shows that she has not alleged against Sagar Kaithwas regarding commitment continuous of rape. As per para 10, the specific allegations were made only against accused - Tarun @ Raja. It is stated that he committed rape with the prosecutrix during the period of about ten days. No any allegation of rape is found in the entire statement of the prosecutrix against the Signature SAN Not Verified Digitally signed by SHAHINA KHAN Date: 2020.10.19 13:58:37 IST 3 MCRC-32295-2020 present applicant Sagar Kaithwas. The applicant is a boy aged about 25 years, who is confined in custody since 07.12.2019.
Therefore, looking to the overall circumstances, without commenting on the merits of the case, the application filed on behalf of applicant Sagar Kaithwas is allowed.
It is ordered that applicant Sagar Kaithwas shall be released on bail upon his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand Only) and a personal bond of the same amount to the satisfaction of the trial Court.
A t the time of releasing the applicant from custody, all necessary instructions issued by Central/State Government related to COVID-19 shall also be followed by the concerned authorities.
Accordingly, M.Cr.C. No.30668/2020 stands allowed. Certified copy as per rules.
(B. K. SHRIVASTAVA)
JUDGE
shahina
Signature
SAN Not
Verified
Digitally signed by
SHAHINA KHAN
Date: 2020.10.19
13:58:37 IST