Madhya Pradesh High Court
MCRC/3736/2024 of SMT. REKHA YADUWANSHI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3736 of 2024
BETWEEN:-
SMT. REKHA YADUWANSHI W/O RAJU YADUWANSHI,AGED ABOUT 47 YEARS, VILLAGE CHHINDIKAMATH,POLICE STATION AND TEHSIL JUNNARDEV, DISTRICTCHHINDWARA (MADHYA PRADESH)
(BY SHRI AHADULLAH USMANI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICES TAT I O N JUNNARDEV DISTRICT CHHINDWARA(MADHYA PRADESH)
(BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first bail application filed by applicant under Section 439 ofCode of Criminal Procedure for grant of regular bail relating to FIRNo.393/2023, registered at Police Station-Junnardev District-Chhindwara (M.P.)
for the offence punishable under Sections 363, 366(A), 376(2)(n), 368/34 ofIPC & Section 5L, 5 & 6 of POCSO Act.
2. Learned counsel appearing for the applicant submitted that applicant isinnocent and has falsely been implicated in the case. They have no role in act ofrape committed by main accused person. Only allegation made against applicant is that he has helped the prosecutrix in absconding along with her lover.Prosecutrix is aged more than 17 years and was consenting party. In thesecircumstances, applicants may be released bail.
3. Learned Government Advocate appearing for the State opposed the bail application.
4. Heard the learned counsel for the parties.
5. Considering the facts and circumstances of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall bereleased on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees One Lac only) with one surety in the like amount to the satisfactionof the trial Court concerned for his regular appearance before Court on all suchdates as may be fixed in this regard during pendency of trial.
6. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;
(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
nd
(VISHAL DHAGAT)JUDGE