Madhya Pradesh High Court
MCRC/3264/2024 of SANDEEP SHARMA Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3264 of 2024
BETWEEN:-
(BY SHRI VIKASH BARUA - ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION JANAKGANJ GWALIOR(MADHYA PRADESH)POLICE STATION JANAKGANJ GWALIOR(MADHYA PRADESH)
2.PROSECUTRIX THROUGH ITS GUARDIAN AGEABOUT 14YEARS R/O JAGRITI NAGAR, LASHKAR,GWALIOR (MADHYA PRADESH)
(BY SHRI APS TOMAR - PUBLIC PROSECUTOR)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application filed by the applicant under Section 439 of theCr.P.C. for grant of bail relating to Crime No. 485 of 2023 registered at PoliceStation Janakganj, District Gwalior (M.P.) for the offence under Sections 363,366-A, 376, 376(2)(n), 376(3) of IPC & Sections 3/4, 5L/6 of POCSO Act.
Learned counsel for the applicant argued that the applicant is innocentand has been falsely implicated which is evident from the fact the prosecutrix in
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her statement recorded u/s.164 of Cr.P.C. has not supported the case ofprosecution about her alleged abduction and sexual assault byapplicant/accused even in her court statement recorded on 24.01.2024, she hasnot supported the case of prosecution and turned hostile and clearly stated thatshe gave her statement on her own will earlier recorded u/S.164 of Cr.P.C. Theapplicant is i n custody since 25.08.2023. The applicant has no criminalantecedents and he is permanent resident of District Gwalior (M.P.) and thereis no possibility of his absconding or tempering with prosecution case. Onthese grounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and itis directed that the applicant be released on bail on furnishing a personal bondin the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)with one solvent surety in the like amount to the satisfaction of the trial Court/committalCourt.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;
3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, asthe case may be;
4) The applicant shall not commit an offence similar to theoffence of which he/she is accused;
5) The applicant will not seek unnecessary adjournmentsduring the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
Learned State counsel is directed to send an e-copy of this order to theStation House Officer of the concerned Police Station for information andnecessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
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(SUNITA YADAV)JUDGE