Madhya Pradesh High Court
MCRC/40291/2023 of MAHARAJ SINGH 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 GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 40291 of 2023
BETWEEN:-
MAHARAJ SINGH S/O SHRI HARIPRASADA SAKHWAR,AGE 50 YEARS, R/O GRAM BHOLARAM KA PURA,POLICE STATION SIHONIYA, DISTRICT MORENA(MADHYA PRADESH)
(BY SHRI AMAN AGARWAL- ADVOCATE)
.....APPLICANT
AND
1.STATE OF MADHYA PRADESH THROUGH POLICESTATION AMBAH, DISTRICT MORENA (MADHYAPRADESH)
(BY SHRI PRABHAKAR KUSHWAH- PANEL LAWYER FORRESPONDENTS/STATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
1. They are heard. Perused the chargesheet which has been filed by the applicant.
2. This is first application under Section 439 of Criminal ProcedureCode, 1973, as the applicant is implicated in connection with CrimeNo.500/2023registered at Police Station Ambah, District Morena (MP) foroffence punishable under Sections 354, 354(ka) of IPC r/w Section 9M/10 of POCSO Act. The applicant is in custody since 12.08.2023.
2. The allegation against the present appellant/accused is of outraging themodesty of a woman.
3. Counsel for the applicant has submitted that the applicant has beenfalsely implicated in the case. Further custody of the applicant is not necessarywho is already lodged in jail since 12.08.2023.
4. Counsel for the respondents/State, on the other hand, has opposed theprayer and it is submitted that no case for grant of bail is made out.
5. Having considered the rival submissions, perusal of the case diary andfinal conclusion of the trial is likely to take sufficiently long time, in theconsidered opinion of this Court, the applicant's application deserves to beallowed.
6. 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.
7. Certified copy as per rules.
shivani
(SUBODH ABHYANKAR)V.JUDGE