Madhya Pradesh High Court

MCRC/3258/2024 of BALRAM 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

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE ANIL VERMAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3258 of 2024

BETWEEN:-

BALRAM S/O JAGDISH, AGED 21 YEARS, OCCUPATION:LABOUR R/O SHANTINAGAR, AMONA, DISTRICTDEWAS (MADHYA PRADESH)

(BY SHRI TUSHAR SODANI - ADVOCATE)

.....APPLICANT

AND

.....RESPONDENTS

( SHRI HEMANT SHARMA - GOVERNMENT ADVOCATE FOR STATE)(SHRI MAKHAN SINGH SONDHIYA - ADVOCATE FOR RESPONDENTNO.2.)

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

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ORDER

This is the third application filed by the applicant under Section 439 ofthe Code of Criminal Procedure, 1973 for grant of regular bail relating to CrimeNo. 146/2023 registered at Police Station Pachor District Rajgadh (M.P.) forthe offence under Sections 363, 366-A, 376, 376(3), 376(2)(N) of IPC and 3/4,5(L)/6 of POCSO Act and Section 3(2)(v), 3(1)(W)(ii) of SC/ST Act.

2. As per prosecution story, on 27.3.2023 father of prosecutrix lodged

2

an FIR at police Station Pachor by stating that her minor daughter/prosecutrix ismissing from home. They tried to search her everywhere but could not find her.During investigation it has been gathered that present applicant abductedprosecutrix took her to Indore and repeatedly committed rape upon her.Accordingly, offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is aninnocent person and he has been falsely implicated in this offence. He is incustody since 29.4.2023. Prosecutrix (PW-1) her parents (PW-2 & PW-3) andher uncle (PW-4) have been examined before the trial court and all of them haveturned hostile and not supported the case of prosecution. The prosecutrix was major at the time of incident. Applicant is a young person of 21 years.Applicant is permanent resident of Dewas district. Final conclusion of the trial islikely to take sufficient long time. Under the above circumstances, prayer forgrant of bail may be considered on such terms and conditions, as this Courtdeems fit and proper.

4 Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that FSL report supportsthe case of prosecution.

5. Counsel for prosecutrix/respondent no.2 submits that prosecutrixand her parents have no objection if bail is granted to applicant.

6. Perused the impugned order of the trial Court as well as the case diary.

7. After considering all the facts and circumstances of the case, natureand gravity of offence, arguments advanced by the learned counsel for theapplicant and also taking note of the fact that although prosecutrix (PW-1) inher examination in chief deposed against the applicant regarding commission ofoffence, but during cross-examination she categorically stated that present applicant neither abducted her nor committed rape upon her, her parents anduncle also corroborated the same fact and all of them have turned hostile andthey have not supported the case of prosecution, parents of prosecutrix havefiled their affidavit regarding no objection if bail is granted to applicant, I deemit proper to release the applicant on bail. Therefore, without commenting on themerits of the case, the application is allowed.

8. It is directed that applicant be released on bail on his furnishingpersonal bond in the sum of Rs.75,000/- (Rupees Seventy Five ThousandOnly) with one solvent surety in the like amount to the satisfaction of the trialCourt for his appearance before the trial Court, as and when required. He shallabide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

BDJ

(ANIL VERMA)JUDGE

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