Madhya Pradesh High Court
Kamal Nagar vs The State Of Madhya Pradesh on 23 January, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 23 rd OF JANUARY, 2023
MISC. CRIMINAL CASE No. 3585 of 2023
BETWEEN:-
KAMAL NAGAR S/O SHRI JAGDISH NAGAR, AGED
ABOUT 29 YEARS, OCCUPATION: LABOURER RESIDENT
OF GRAM DANG THANA GOHAD CHAURAHA, DISTRICT
BHIND (MADHYA PRADESH)
.....APPLICANT
(SHRI RAVI DWIVEDI, LEARNED COUNSEL FOR THE APPLICANT)
)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
ENDORI, DISTRICT BHIND (MADHYA PRADESH)
2. PR O S E C U T R I X THROUGH POLICE THANA
ENDORI DISTRICT BHIND (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRAMOD PACHORI , LEARNED PUBLIC PROSECUTOR FOR THE
RESPNDENTNO.1- STATE AND SHRI SARVESH KUMAR SHARMA,
LEARNED COUNSEL FOR THE RESPONDENT NO.2- COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the first pplication u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 17-12-2022 by Police Station- Endori, District Bhind M.P.) in connection with Crime No. 174/2022 for the offence punishable under Sections 363, 366-A, 376(2)(n), 376-D, 109, 354, 354-D of Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM 2 IPC and under Sections 5/6, 16/17 of POCSO Act.
The prosecution case, in short is that complainant Balveer Jatav lodged a report at Police Station Endori,District Bhind on 15-12-2022 at 10:15 pm alleging therein that on the date of incident i.e. 15-12-2022 at around 10:15 in the morning he had gone to his agricultural field and after return, he came to know from his wife Mayawati that niece Yogesh Kumari has left the house by telling that he is going to Gohad Chaurah and till now she did not return and she waited her till evening and searched here and there from the relatives but she could not know her whereabouts. Under suspicious, some unknown person had taken his neice on false pretext, who was 4''x6''wearing blue colour jeans and pink colour top. On the basis of this missing report, Crime No. 174 of 2022 was registered for offence under Section 363 of IPC. Matter was investigated. Prosecutrix was recovered by the police and her statement was recorded. In her statement, she has stated that she is aged about 17 years and studied upto 11th standard. On 24.10.2022 she had gone to Gurjar Market where Shivam Sharma met her. Shivam Sharma took her mobile number. Thereafter they started talking with each other. On 24.11.2022 Shivam Sharma met her at Gujar Market in Kamal Nagar's shop where he committed sexual intercourse with her and took her photographs. Kamal Nagar told Shivam Sharma to marry with the prosecutrix subject to the condition that if prosecutrix talks with a person namely Akash on phone. Prosecutrix refused to talk with Akash. Thereafter she was forced to talk with Akash. Prosecutrix telephoned Akash and came to Gwalior to meet him. Akash took her to Shatabdipuram where he committed sexual intercourse with her. She informed Shivam Sharma about the incident. He told her to lodge report. Thereafter on 11.12.2022 she lodged FIR against Akash. Thereafter she alongwith Shivam went to the house of Mamta. They Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM 3 stayed there for two days where on 12.12.2022 Shivam forcibly committed sexual intercourse with her. On 13.12.2022 when she had gone to record her statement, Akash met her. Shivam Sharma and Kamal Nagar demanded Rs.6,00,000/- from Akash for compromise. On 14.12.2022 they gave Rs.2,20,000/-. On 15.12.2022 when she was going to Gwalior, on the way, Shivam Sharma met her and demanded remaining amount from the Akash. Thereafter she went to Police Station but due to evening her statement could not be recorded before the Court. Thereafter she went in the vacant house of Kamal Nagar where Shivam met her and he switched her phone off. On 16.12.2022 when she was going to Maharajpura by bus, on the way Police stopped her and took her to Police Station. On her report, Crime No. 174/2022 for the offence punishable under Sections 363, 366-A, 376(2)(n), 376-D, 109, 354, 354-D of IPC and under Sections 5/6, 16/17 of POCSO Act was registered at Police Station Endori, District Bhind. She was sent for medical examination.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in custody since 17.12.2022 and he is the permanent resident of District- Bhind (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. It is further submitted that infact prosecutrix is in habit of blackmailing the persons and being habitual of making similar complaints. Applicant is nothing to do with the alleged crime. He is only a friend of accused Shivam Sharma. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for dismissal of the application.
Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM 4Learned counsel for the complainant vehemently opposed the application by submitting that applicant was mediator in the financial dealing with Akash and Rs.1,70,000/- was seized from him. Hence, present bail application deserves to be dismissed.
Looking to the facts & circumstances of the case, without commenting upon 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 the applicant furnishes cash security of Rs.25,000/- alongwith 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. In case of default, cash security of Rs. 25,000/- shall stand forfeited automatically.
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 ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM