Sachin Kushwah vs The State Of Madhya Pradesh on 4 July, 2022

[Cites 12, Cited by 2]

Madhya Pradesh High Court

Sachin Kushwah vs The State Of Madhya Pradesh on 4 July, 2022

Bench: Deepak Kumar Agarwal

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 4th OF JULY, 2022

               MISC. CRIMINAL CASE No. 31806 of 2022

        Between:-
        SACHIN KUSHWAH S/O MAHESH KUSHWAH ,
        AGED 21 YEARS, R/O VILL. MUNDRABAJA TEH
        JOURA    DISTRICT    MORENA    (MADHYA
        PRADESH)

                                                                 .....APPLICNAT
        (BY SHRI BRAJESH KUMAR TYAGI - ADVOCATE )

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION JOURA DISTRICT MORENA
        (MADHYA PRADESH)

2.      PROSECUTRIX THROUGH SHO     PS JOURA
        M O R E N A PS JOURA MORENA (MADHYA
        PRADESH)

                                                              .....RESPONDENTS
        (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR )

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

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier he filed an appeal against the same crime number which was dismissed as withdrawn on 22.6.2022.

Applicant has been arrested on 12.5.2022 by police Station, Joura, Distt. Morena, in connection with crime No.208/2022 for the offence punishable under Sections 363, 376, 323, 34 of IPC, Sections 3/4, 5/6, 7/8 of the POCSO Act and Section 3(2)(Va) of the SC/ST Act.

In brief, prosecution story is that on 31.3.2022 father of the prosecutrix lodged a report at police Station Joura that on 30.3.2022 at 9 pm after taking dinner everybody slept in his family. In the night at 12 when he awoke he saw that his daughter aged about 15 years is missing. Without informing anyone, she went away. He suspected that Gaurav Jatav persuaded her to go with him. On his report, crime No.208/2022 under Section 363 of IPC was registered. On the same day at 4 pm she was traced. Her statement was recorded in which she has stated that she is aged about 16 years. She has given examination of 10th Class. From last 3-4 months applicant Sachin used to meet her on the way and asked for friendship with her, otherwise it will not be good for her. On 30.3.2022 at 5 pm she went to attend call of nature, at that juncture, applicant came outside her house and asked her to come at the roof at 11 pm, otherwise he will kill her brother. On his threatening, at 10 pm when everybody in her family slept, she went on the roof. After some time, applicant came on the roof of Munishlal Kushwah and told her to bring clothes. She went down and after taking one pair of clothes with her came on the roof. With the help of the applicant, she went down from the roof from the back side. Thereafter, by foot they went to Malkhanpura. Her father and brother were searching her, then applicant left her hand and went ahead and she hided in a bathroom. When again her brother and father passed through from there, applicant ran way from there. Thereafter, prosecutrix went out from the bathroom and sat under a tree. Afterwards on 31.3.2022 her father and brother came there and brought her to police Station. Beside this, no offence has been committed with her. Thereafter on 1.4.2022 her statement under Section 164 of Cr.P.C. was recorded in which she alleged against present applicant that he committed sexual intercourse with her. Prosecutrix was sent for postmortem. After her statement, offence under Sections 376, 323, 34 of IPC, Sections 3/4, 5/6, 7/8 of the POCSO Act and Section 3(2)(Va) of the SC/ST Act were enhanced. On her medical examination, no mark of injury was found. Hymen was old healed. Applicant/accused was arrested on 12.5.2022.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 12.5.2022. H e undertakes to cooperate in investigation/trial and to abide by the conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.

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

Both the Advocates are heard. Case diary perused.

Looking to the 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 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) 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.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

MADHU SOODAN PRASAD 09:45:53 05.07.2022

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