Madhya Pradesh High Court

MCRC/57969/2023 of RAJ @ RAHUL KUSHWAH Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023

MISC. CRIMINAL CASE No. 57969 of 2023

BETWEEN:-

RAJ @ RAHUL KUSHWAH S/O SHRI NATHAN KUSHWAH,AGED ABOUT 18 YEARS(AS PER PROSECUTION'S CASE),OCCUPATION: STUDENT R/O VILLAGE GAJNAI P.S.MYANA DISTRICT GUNA PRESENT R/O SHANKARCOLONY IN FRONT VIVEKANAND SCHOOL P.S. DEHATDISTRICT ASHOKNAGAR (MADHYA PRADESH)

(BY SHRI RISHIKESH BOHRE- ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION DEHAT DISTRICTASHOKNAGAR (MADHYA PRADESH)POLICE STATION DEHAT DISTRICTASHOKNAGAR (MADHYA PRADESH)

2.PROSECUTRIX THROUGH POLICE STATIOND E H A T DISTRICT ASHOKNAGAR (MADHYAPRADESH)D E H A T DISTRICT ASHOKNAGAR (MADHYAPRADESH)

(BY SHRI PRABHAKAR KUSHWAHA- PANEL LAWYER)

.....RESPONDENTS

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

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ORDER

They are heard. Perused the case-diary.

2. This is the first bail application filed by the applicant under Section 439of Criminal Procedure Code, 1973, as he/she is implicated in connection withCrime No.593/2023 registered at Police Station Dehat, District Ashoknagar(MP) for offence punishable under Sections 363, 366-A, 376(3), 376(2)(n) of IPC and Section 3/4 and 5L/ 6 of POCSO Act. Applicant is in jail since 29.09.2023.

3. The allegation against the applicant is of abduction and rape.

4 . Counsel for the applicant has submitted that the prosecutrix hastraveled to the present applicant by various modes and subsequently, she wasrecovered while coming back to her place Guna. Charge-sheet has already beenfiled and applicant is lodged in jail since 29.09.2023. It is also submitted that inher statement under Section 164 of Cr.P.C. also she has stated that it was theapplicant who had called her and she had also left her house on her ownvolition. Thus, it is prayed that the application be allowed and applicant bereleased on bail.

5. Counsel for the State has opposed the prayer.

6. Having considered rival submissions, perusal of the case-diary as alsothe statement of the prosecutrix, this Court is inclined to allow the application.

7. Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amountto the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.

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