Sachin Yadav vs The State Of Madhya Pradesh on 2 January, 2023

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Madhya Pradesh High Court

Sachin Yadav vs The State Of Madhya Pradesh on 2 January, 2023

Bench: Anand Pathak

                                                            1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 2 nd OF JANUARY, 2023
                                        MISC. CRIMINAL CASE No. 55089 of 2022

                         BETWEEN:-
                         SACHIN YADAV S/O SHIV KUMAR YADAV, AGED ABOUT
                         19 YEARS, OCCUPATION: PRIVATE JOB R/O VILLAGE
                         PAIJWAR POST SEMARKHAPA POLICE STATION
                         MANDLA DISTRICT MANDLA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY SHRI DURGESH KUMAR SINGRORE - ADVOCATE)

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

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

                                                                                      .....RESPONDENTS
                         (BY SHRI MANU V. JOHN - PANEL LAWYER)

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

                         following:
                                                             ORDER

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 03.06.2022, by Police Station-Kotwali, District Mandla (M.P.), in connection with Crime No.291/2022, for the offence punishable under Sections 363, 366, 366-A, 376 (2) (N), 376 (3), 344 of the IPC, Section 3 (2) (v) and 3 (1) (w) (i) of SC/ST (Prevention of Atrocities) Act and Section 5(L)/6 of POCSO Act.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/3/2023 12:14:04 PM 2

It is the submission of learned counsel for the applicant that the applicant is suffering confinement since 03.06.2022 and charge-sheet has already been filed. It is further submitted that story indicates consentual nature of relationship and it appears that both of them left their respective homes on their own volition. It is the case of consent prima-facie. No injury has been sustained over the person of the victim and the applicant does not bear any criminal record. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant and he would not move in the vicinity of complainant party. Under these grounds, counsel prayed for bail.

Learned Panel Lawyer for the State opposed the prayer and prayed for its dismissal.

Heard learned counsel for the parties at length and perused the documents appended.

Considering the above submissions advanced by the learned counsel for the parties but without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may Signature Not Verified be;

Signed by: POONAM MANEKAR Signing time: 1/3/2023 12:14:04 PM 3

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall not be a source of embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE pnm Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/3/2023 12:14:04 PM

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