Sahab Singh vs The State Of Madhya Pradesh on 26 June, 2023

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Madhya Pradesh High Court

Sahab Singh vs The State Of Madhya Pradesh on 26 June, 2023

Bench: Deepak Kumar Agarwal

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 26 th OF JUNE, 2023
                                         MISC. CRIMINAL CASE No. 24899 of 2023

                          BETWEEN:-
                          SAHAB SINGH S/O SHRI RAMESH YADAV, AGED ABOUT
                          26 YEARS, OCCUPATION: AGRICULTURIST RESIDENT
                          OF VILLAGE TODA, PS KARERA, DISTRICT SHIVPURI
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (SHRI ASHA RAM SHIVHARE, LEARNED COUNSEL FOR APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION PS KARERA, DISTRICT SHIVPURI (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          ( SHRI LOKENDRA SHRIVASTAVA- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE)

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

This is the fourth application under Setion 439 of CrPC filed on behalf of applicant for grant of bail, who has been arrested on 31-01-2021 in connection with Crime N. 661 of 2020 registered at Police Station Karera, District Shvipuri for offence under Sections 376, 506, 34 of IPC and Section 66-D of IT Act.

Vide order dated 28-05-2021 passed by coordinate Bench of this Court in MCRC 24695 of 2021, first application was dismissed with liberty to the applicant co come again after examination of prosecutrix or if the trial gets further. Vide orders 03-01-2022 passed in MCRC 63355 of 2021, second Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/26/2023 6:52:04 PM 2 application was dismissed as withdrawn. Vide order dated 2nd of March, 2023 passed in MCRC 5447 of 2023, third application was dismissed with liberty to applicant to file afresh any material change in circumstances or in the week commencing 12-06-2023 whichever is earlier.

In brief, prosecution case is that the prosecutrix, a married lady, aged about 25 years, lodged a report with police station Karera, District Shivpuri on 09-11-2020 at around 01:18 pm alleging therein that on 08-11-2020 at around 09:00 in the night the present applicant- accused called her near Siddh Baba Mandir to get her some job and when she reached there, the applicant- accused took her towards a field and forcefully drunk her liquor and thereafter, committed sexual intercourse with her and also gave a threat with dire consequences. On the basis of which, aforesaid crime was registered. Applicant was arrested. The prosecutrix was sent for medical examination and as per medical report, no signs of forceful intercourse were found by the doctor. After completion of investigation and other formalities, charge sheet was filed. Statement of the prosecutrix has been recorded before trial Court.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 31-01-2021. It is further submitted that prosecutrix is a married lady aged around 25 years and she is consenting party. No definite opinion regarding rape by forcefully with prosecutrix has been given by doctor. Investigation is complete and charge sheet has been filed. Statement of prosecutrix has also been recorded. Conclusion of trial will take some time. There is no possibility of his absconding or tampering with prosecution case. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With aforesaid submissions, prayer for grant of bail is Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/26/2023 6:52:04 PM 3 made.

Learned counsel for the State vehemently opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for rival parties and perused the case-diary as well as charge sheet.

Looking to the overall facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/26/2023 6:52:04 PM

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