Madhya Pradesh High Court
MCRC/4645/2024 of AJAY SWEEPER(TAMBEY) Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4645 of 2024
BETWEEN:-
AJAY SWEEPER(TAMBEY) S/O SHRIRAM TAMBEY,AGED ABOUT 19 YEARS, OCCUPATION: PRIVATE JOBR/O WARD NO. 2, CHANDASTOLAANUPPUR, POLICESTATION AND TEHSIL AND DISTRICT ANUPPUR(MADHYA PRADESH)
(BY SHRI SOURABH SINGH - ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION KOTWALI ANUPPUR DISTRICTANUPPUR (MADHYA PRADESH)2.VICTIM A D/O NOT MENTION THROUGH POLICESTATION KOTWALI ANUPPUR DISTRICT(MADHYA PRADESH)
(BY SHRI SHAILENDRA MISHRA - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first bail application filed by the applicant under Section 439 ofthe Code of Criminal Procedure for grant of regular bail relating to FIR/CrimeNo.593/2023 dated 30.11.2023 registered at Police Station Kotwali DistrictAnuppur for the offence under Section 363, 366, 376 (2) (n) of the I.P.C andSection 3/4 of POCSO Act.
2. Counsel for the applicant contends that the victim on her own volition came along with the applicant. It is further evident from the allegations levelledagainst the applicant that the applicant as well as prosecutrix were known toeach other since last 5 to 6 months. It is also further contended that theapplicant is aged 19 years and the prosecutirx is aged 17 years and 1 month atthe time of alleged commission of offcence. Thus, taking into consideration thetotality of circumstances the applicant deserves to be enlarged on bail.
3. The counsel for the State has opposed the prayer while submitting thatthe allegations are serious in nature.
4. Having considered the submissions advanced on behalf of the parties,it is evident from the perusal of statement of recorded under Section 164Cr.P.C that the prosecutrix on her own volition came along with applicant and itis also undisputed that they were known to each other since last six months..
5. Thus taking into consideration the totality of the circumstancesincluding the age of the applicant as well as prosecutrix, this Court deem it fit torelease the applicant on bail, therefore, without commenting on the merit of thecase, the application is allowed.
6. It is directed that the applicant- Ajay Sweeper (Tambey) shall bereleased on bail on his furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty 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 by that Court in this regard during thependency of trial.
7. It is further directed that the applicant shall comply with the provisionsof Section 437(3) of the Cr.P.C.
(MANINDER S. BHATTI)JUDGE