Madhya Pradesh High Court
MCRC/54185/2023 of RAMKRISHNA MEENA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 54185 of 2023
BETWEEN:-
RAMKRISHNA MEENA S/O SHRI JALAM SINGH MEENA,AGED ABOUT 25 YEARS, R/O VILLAGE BHATNI POLICESTATION CIVIL LINE TEHSIL AND DISTRICT VIDISHA(MADHYA PRADESH)
(BY SHRI MADHUR BHARGAVA-ADVOCATE)
.....APPLICANT
AND
1.STATE OF MADHYA PRADESH THROUGHSTATION HOUSE OFFICER, POLICE STATIONDEHAT DISTRICT VIDISHA (MADHYA PRADESH)
2.PROSECUTIRX THROUGH STATION HOUSEOFFICER, POLICE STATION DEHAT DISTRICTVIDISHA (MADHYA PRADESH)
(BY SHRI PRABHAKAR KUSHWAH- PANEL LAWYER FORRESPONDENT/STATE)
.....RESPONDENTS
This application coming on for hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
2] This is the first bail application filed by the applicant under Section439 of Cr.P.C. as he is implicated in connection with Crime No.283/2023registered at Police Station Dehat, District Vidisha (M.P.) for offencepunishable under Sections 376(1), 376(2)(n) of IPC, 3/4, 5(j)(ii) and 5(L)/6 ofthe POCSO Act. The applicant is in custody since 25/09/2023.
3. The allegation against the applicant is of rape.
4. Counsel for the applicant has submitted that the prosecutrix has been examined in the trial Court and has not supported the case of the prosecution.Copy of her deposition is also placed on record and document filed on record.Thus, it is prayed that the application be allowed and applicant be released onbail.
5. Counsel for the State has opposed the prayer. Thus, no case for grantof bail is made out.
6 . Having considered rival submissions, perusal of the case-diary soalso the statement of the prosecutrix, this Court is inclined to allow theapplication.
7. Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amountto the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
shivani
(SUBODH ABHYANKAR)V.JUDGE