Madhya Pradesh High Court
MCRC/49451/2023 of HARENDRA KUSHWAH Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
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. 49451 of 2023
BETWEEN:-
HARENDRA KUSHWAH S/O MUKESH KUSHWAH, AGEDABOUT 20 YEARS, GANDHINAGAR, BHIND DISTRICTBHIND (MADHYA PRADESH)
(BY SHRI F.A. SHAH - ADVOCATE )
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH INCHARGEPOLICE STATION THROUGH POLICE STATIONDABOH DISTRICT BHIND (MADHYA PRADESH)
2.AB HIYOKTR I THROUGH POLICE STATIONDABOH, BHIND BHIND (MADHYA PRADESH)
(BY MS. PADAMSHRI AGRAWAL - PANEL LAWYER )
.....RESPONDENTS
This application coming on for admission hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case-diary.
This is the first bail application filed by applicant under Section 439 ofCriminal Procedure Code, 1973 as he is implicated in connection with CrimeNo. 208/2023 registered at Police Station - Daboh, District - Bhind (MP) foroffence punishable under Section 363 and added section 366-A, 376 (3), 376(2)(da) of Indian Penal Code and Section 5/6 of Protection of Children fromSexual Offences Act, 2012. The applicant is in custody since 07.10.2023.
Counsel for the applicant has submitted that statement of the prosecutrixrecorded under section 164 of Cr.P.C clearly indicates that applicant was notinvolved in the case. He has falsely been implicated in the present case at theinstance of parents of the prosecutrix. It is further submitted that the applicant islodged in jail since 07.10.2023 and final conclusion of the trial is likely to takesufficient long time. Hence, it is prayed that the application be allowed and theapplicant be released on bail.
Counsel for the respondent / State, on the other hand has opposed theprayer.
Having considered the rival submissions and on perusal of the case-diary,including the Court statement of the prosecutrix and further taking note of thefact that final conclusion of the trial is likely to take sufficient long time, withoutreflecting anything on the merits of the case, the application filed under Section439 of Cr.P.C. on behalf of the applicant is hereby allowed.
The applicant is directed to be released on bail upon furnishing apersonal bond in the sum of Rs.25,000/- (Rupees twenty five Thousand) withone surety in the like amount to the satisfaction of the Trial Court for hisappearance, as and when directed and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.
C.c. as per rules.
Durgekar
(SUBODH ABHYANKAR)JUDGE