Madhya Pradesh High Court
MCRC/58125/2023 of PRAKASH @ AKASH PRAJAPATI 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 PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 58125 of 2023
BETWEEN:-
PRAKASH @ AKASH PRAJAPATI S/O BAPU LALPRAJAPATI, AGED ABOUT 24 YEARS, OCCUPATION:SELF EMPLOYED R/O VILLAGE SEMALA GOGA, POLICESTATION KURAVAR, DISTRICT RAJGARH (MADHYAPRADESH)
(BY SHRI SANKALP KOCHAR - ADVOCATE )
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION AISHBAG DISTRICT BHOPAL(MADHYA PRADESH)
2.VICTIM X D/O NOT MENTION NOT MENTION(MADHYA PRADESH)
(STATE BY SMT. GARIMA TIWARI - PANEL LAWYER)
.....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 the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.722/2021 registered at Police Station - Aishbag, District Bhopal (M.P.) forthe offences punishable under Sections 363, 376, 376(2)(N), 506 of IPC and5/6 of POCSO Act. Applicant is in detention since 18.11.2021.
2. As per the prosecution story, the complainant registered a complaint against an unknown person alleging that on 18.12.2021, she alongwithprosecutrix was at home and her three sons were gone for work. Whencomplainant was in bathroom, prosecutrix, who is aged about 16 years and 11months, was missing from the house. It is alleged that prosecutrix waskidnapped by an unknown person. On the basis of aforesaid, Police registeredthe case against the present applicant under the aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jailsince 18.11.2021. He has been falsely implicated. It is further submittedprosecutrix, who is about 17 years of age, went various places on her own willwith the applicant. It is further submitted prosecutrix in her statements recordedu/S.161 and 164 of Cr.P.C. has not made any allegation against the applicantregarding commission of rape. It is further submitted that police has fabricatedfalse supplementary statement under Section 161 of Cr.P.C. in which it is statedthat applicant committed rape with prosecutrix, but in earlier statements ofprosecutrix there was no allegation of rape against the applicant, which make theprosecution story doubtful. Charge sheet has been filed. Therefore, it has beenprayed that the applicant may be released on bail.
4. On the other hand, learned counsel for State has opposed the prayerfor grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
Sateesh
(PRAMOD KUMAR AGRAWAL)JUDGE