Madhya Pradesh High Court
MCRC/2180/2024 of KRISHNPAL @ K.P. PATEL 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. 2180 of 2024
BETWEEN:-
KRISHNPAL @ K.P. PATEL S/O SHRI RAMNIVAS PATEL,AGED ABOUT 23 YEARS, OCCUPATION: LABOURVILLAGE DUARI POLICE STATION GURH DISTRICTREWA (MADHYA PRADESH)
(BY SHRI D.S.DUBEY - ADVOCATE)
.....APPLICANT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the second bail application filed by the applicant under Section439 of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.235/2023 registered at Police Station - Gurh District Rewa (M.P.) for theoffence punishable under Sections 363, 366, 376(3), 376(2)(n), 366A, 370(4) ofIPC, Section 5/6 of POCSO Act and Section 3(2)(5) of SC/ST Act. Applicantis in detention since 12.08.2023. His first application was dismissed as withdrawn vide order dated 03.01.2024 passed in M.Cr.C.No.54503/2023.
2. As per the prosecution story, allegation against the applicant is that healongwith one other person, kidnapped the prosecutrix and taken her to Maiharat one room where one Sanjay was already present. They got her married withSanjay, thereafter Sanjay taken her at his house where she stayed with him for amonth. After sometime, she got to know that Sanjay had given money to marryher. On the basis of complaint lodged by parents of the prosecturix, Policeregistered the case against the present applicant under the aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jailsince 12.08.2023. He has been falsely implicated. It is further submitted thatthere is no allegation of rape against the applicant. Statement of prosecutrix andher mother have been recorded where they have not stated anything against thepresent applicant regarding offence. There is no criminal record of theapplicant. Therefore, it has been prayed that the applicant may be released onbail.
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 Codeof 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) withone solvent surety in the like amount to the satisfaction of the trial Court, for his
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regular 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.
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(PRAMOD KUMAR AGRAWAL)JUDGE