Madhya Pradesh High Court

MCRC/2978/2024 of DINESH JAMADAR BAGRI 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. 2978 of 2024

BETWEEN:-

DINESH JAMADAR BAGRI S/O KALU JAMADAR, AGED ABOUT 24 YEARS, OCCUPATION: LABOR R/O 172, WARD NO. 1 VILLAGE CHIPYA TEHSIL AGAR DISTT. AGAR (MADHYA PRADESH)

(SHRI OMPRAKASH SOLANKI - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH STATION HOUSE OFFICER THROUGH

POLICE STATION AGAR, AGAR MALWA (MADHYA PRADESH)(MADHYA PRADESH)

2.VICTIM X THROUGH P.S. AGAR DISTRICT AGAR MALWA (MADHYA PRADESH)

(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)

.....RESPONDENTS

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

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ORDER

Heard and perused the record.

This is the second bail application filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail in relation toCrime/F IR No.37/2023 dated (not mentioned), registered at Police Station-Agar, District-Agar Malwa for the offence punishable under Sections 354, 354(A), 506 of IPC, 1860 and Sections 7/8, 9(I)/10, 9(N)/10 of Protection ofChildren from Sexual Offences Act, 2012. Applicant is in custody since25.05.2023. Earlier application was dismissed as withdrawn vide order dated19.07.2023 passed in M.Cr.C.No.30110/2023.

2. Allegation against the applicant is that of commission of rape with theprosecutrix.

3. Learned counsel for the applicant submitted that earlier application ofthe applicant was dismissed as withdrawn vide order dated 19.07.2023 passedin M.Cr.C. No.30110/2023 with liberty renew the prayer after recording thestatement of the prosecutrix and her parents and now since the statement of theprosecutrix and her father have been recorded, the present application has beenfiled. In the statement recorded before the trial Court, the prosecutrix and herfather have not supported the prosecution story and turned hostile. Theapplicant is in jail since 25.05.2023 and final conclusion of trial will takesufficient time. On the aforesaid grounds, counsel prays for grant of bail.

4. Learned Govt. Advocate has opposed the prayer and prayed for itsrejection.

6. Looking to the facts and circumstances of the case, custody period ofthe applicant, and the fact that the prosecutrix and her father have turned hostile,without commenting on the merits of the case, this application is allowed.

7. It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand Only) with one solvent surety in the like amount to the satisfactionof the trial court for securing his presence before the said Court on all the datesof hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

8. This order shall remain effective till the end of the trial but in case ofbail jump and breach of any of the pre-conditions of bail, it shall becomeineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

sumathi

(PREM NARAYAN SINGH)JUDGE

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