Madhya Pradesh High Court

MCRC/38561/2020 of ABHISHEK CHOURASIYA @ CHOTU Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-38561-2020

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The High Court Of Madhya PradeshMCRC-38561-2020

(ABHISHEK CHOURASIYA @ CHOTUVs THE STATE OF MADHYA PRADESH AND OTHERS)

[31][-][12][-][2020]Jabalpur, Dated :Jabalpur, Dated :

Heard through Video Conferencing.

Shri Sanjeev Kumar Singh, counsel for the applicant.

Shri Gopal Jaiswal, Panel Lawyer for the State.

None for the victim though served.

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 19.9.2020 in connection with CrimeNo.404/2019 registered at P.S. Naigadhi, District Rewa for the offencespunishable under Sections 363, 366, 376(2)(g) of the IPC and Section 5(g)and 6 of the Protection of Children From Sexual Offences Act.

As per prosecution's case, it is alleged against the applicant that healong with the co-accused abducted the minor prosecutrix and committedaforesaid offences.

Learned counsel for the applicant submits that the applicant has beenfalsely implicated in the case. There is no allegation against the presentapplicant that he committed rape upon the prosecutrix. The main allegation isagainst co-accused Vivek Jaiswal. The applicant in custody since 19.9.2020and trial would take considerable time to conclude due to situation created byCovid-19 pandemic. In view of the above, the prayer is made to release theapplicant on bail.

Learned Panel Lawyer has opposed the prayer for bail.

Considering role attributed to the present applicant and the statement ofthe of the prosecutrix recorded under Section 164 of the Cr.P.C., I find it a fitcase to release the applicant on bail, therefore, without commenting on themerits of the case, the application is allowed.

It is directed that applicant Abhishek Chourasiya @ Chhotu shall bereleased on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to thesatisfaction of the trial Court concerned for his appearance before the saidCourt on all such dates as may be fixed in this regard during the pendency oftrial.

It is further directed that the applicant shall comply with the provisionsof Section 437(3) of the Cr.P.C.

It is made clear that if the applicant is found involved in the offence ofsimilar nature in future, this order shall become ineffective.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.

(SMT. ANJULI PALO)V. JUDGE

PBDigitally signed by PRADYUMNA BARVE Date: 2020.12.31 16:50:00 +05'30'

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