Madhya Pradesh High Court
MCRC/1912/2024 of SHUBHAM BOPCHE Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
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. 1912 of 2024
BETWEEN:-
SHUBHAM BOPCHE S/O SHRI RAM PRASAD BOPCHE,AGED ABOUT 25 YEARS, OCCUPATION: LABOUR R/OVILLAGE GHURWADA POLICE STATION AND TEHSILBARGHAT DISTRICT SEONI (MADHYA PRADESH)
(BY SHRI SUNIL KUMAR MISHRA - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICES TATION BARGHAT, DISTRICT SEONI (MADHYAPRADESH)
(STATE BY SHRI N.S. SOLANKI - PANEL LAWYER )(VICTIM BY SHRI SHIVENDRA SHUKLA - ADVOCATE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation toF IR No. 669/2023 dated 18.12.2023, registered at Police Station Barghat,District Seoni (M.P.) for commission of offence under Sections 354, 354(?k), 34and 376 of IPC and Sections 3 and 4 of POCSO Act. Applicant is in detentionsince 22.12.2023.
2. As per the prosecution story, on 18.12.2023, prosecutrix submitted anapplication in writing before the police alleging that Shubham was in a habit of stalking with her. He used to say that he wanted to marry with her. It is furtheralleged that her sister's marriage was fixed with one Bhupendra and was to besolemnized on 12.03.2024 but on 15.12.2023, Shubham threatened that if shewill not enter into wedlock with him, he will get her sister's marriage break. It isalleged that he made a call to would be groom and gave wrong informationresulting in break of marriage. In statement under Section 164, prosecutriximproved her version and stated that 8 months ago, Shubham had establishedphysical relations with her. FIR was registered.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Earlier,FIR was registered for commission of offence under Section 354 of IPC butjust to give it a serious color, the factum of rape/aggravated penetrated sexualassault has been added which itself belie the truthfulness of the case. Therefore,it is prayed that applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for the objector as well as learned counsel for the respondent/State have opposed grant of bail.
5. Having taken into consideration the submissions put forth by learnedcounsel for the parties and written complaint and other material on record, butwithout expressing anything on the merit of the case, I am of the view that it isfit case for grant of bail. Consequently, this bail application under Section 439of the Code of Criminal Procedure for grant of bail filed on behalf of applicant,stands allowed.
6. It is directed that applicant - Shubham Bopche be released on bailon 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 of the 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.
7. 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.
ak
(DINESH KUMAR PALIWAL)JUDGE