Madhya Pradesh High Court

MCRC/2813/2024 of NARENDRA SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 2813 of 2024

BETWEEN:-

NARENDRA SINGH S/O SEWARAM CASTE BHEEL, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR R/O. GRAM PETLAWAD TEHSIL MAHIDPUR (MADHYA PRADESH)

(SHRI V. S.PARIHAR - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH MAHIDPUR ROAD (MADHYA PRADESH)

2.PIDITA X THROUGH P.S. MAHIDPUR ROAD,

JILA UJJAIN (MADHYA PRADESH)

(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)(SHRI VEDIKA ARORA - ADVOCATE)

.....RESPONDENTS

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

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ORDER

Heard and perused the case diary.

This is first bail application filed under Section 439 of the Code ofCriminal Procedure, 1973 on behalf of applicant relating to Crime No.260/2023registered at Police Station-Madhidpur Road, District-Ujjain for the offencesunder Sections 363, 376(2)(n) of IPC, 1860 and under Section 5(l)/6 of the POCSO Act, 2012. He is in custody since 09.12.2023.

2. As per prosecution story, the allegation against the applicant is that he has committed rape upon the minor prosecutrix.

3. Learned counsel for the applicant submits that the missing report waslodged on 04.12.2023 and thereafter the prosecutrix surrendered before theCourt on 08.12.2023 and then FIR was lodged on the same day. Applicant wasarrested on 09.12.2023. As per the statement recorded under Section 164 ofCr.P.C the relationship between the prosecutrix and the applicant areconsensual. Age of the applicant is 22 years and the age of prosecutrix 17years at the time of recording of the statement under Section 164 of Cr.P.C.

The applicant is in custody since 09.12.2023 (approximately 2 months).Therefore, he prays that the benefit of grant of bail be given to the applicant andenlarged on bail.

4. Learned counsel for the respondent/State has opposed the prayer andprayed for its rejection.

5. Considering the facts and circumstances of the case and after perusalof the case-diary, without commenting on the merits of the case, I deem itproper to enlarge the applicant on bail. Accordingly, the bail application filed bythe applicant is allowed.

6. It is directed that applicantbe released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

sumathi

(PREM NARAYAN SINGH)JUDGE

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