Madhya Pradesh High Court

MCRC/4099/2024 of ASHOK KUMAR MALLAH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4099 of 2024

BETWEEN:-

ASHOK KUMAR MALLAH S/O BABULAL MALLAH,AGED ABOUT 24 YEARS, OCCUPATION: LABOUR R/OVILLAGE JUGPURA P.S. BELKHEDA DISTRICTJABALPUR (MADHYA PRADESH)

(BY SHRI NARENDRA TIWARI - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION BELKHEDA DISTRICTJABALPUR (MADHYA PRADESH)

2.PROSECUTRIX D/O NOT MENTION NOT MENTION(MADHYA PRADESH)(MADHYA PRADESH)

(BY SMT. NUPUR DHAMIJA - PANEL LAWYER)

.....RESPONDENTS

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

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ORDER

This second bail application under Section 439 of the Code of CriminalProcedure has been filed by the applicant for grant of regular bail in relation toF IR No. 398/2022 dated 06.11.2022, registered at Police Station BelkhedaDistrict Jabalpur (M.P.) for commission of offence under Sections 363, 366,376(2)(n), 506,120-B of IPC and Section 5(L) and 6 of POCSO Act. Applicantis in detention since 31.12.2024.

2. Applicant's first bail application was dismissed as withdrawn and notpressed with liberty to renew the prayer for grant of bail after recording ofprosecutrix's evidence before the trial court vide order dated 15.06.2023 passedin M.Cr.C. No.18723/2023.

3. As per the prosecution story, on 06.11.2022, prosecutrix 's fatherlodged an FIR about missing of his 13 years old daughter since interveningnight of 4/5-11-2022. F.I.R was registered. She was recovered almost afterone month and ten days. After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. It issubmitted that prosecutrix has already been examined before the trial court. She has not supported the prosecution story. FSL report is negative. Therefore,it is prayed that applicant may be released on bail pending the trial.

5. On the other hand, learned counsel for the respondent/State hasopposed grant of bail but has fairly admitted that FSL report is negative and inher statement recorded under section 164 of Cr.P.C too on earlier occasion shehad not supported the prosecution story.

6. In this case, evidence of the prosecutrix has already been recordedbefore the trial court. She has not supported the prosecuton story. FSL reportis also negative. No sample has been sent for DNA examination. Therefore,having taken into consideration all the facts and circumstances of the caseincluding the detention period of the applicant, I am inclined to release theapplicant on bail. Consequently, this bail application under Section 439 of theCode of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

7. It is directed that applicant - Ashok Kumar Mallah 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 satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.

8. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

MKL

(DINESH KUMAR PALIWAL)JUDGE

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