Madhya Pradesh High Court

MCRC/499/2024 of KAMLESH @ KAMAL AHIRWAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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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. 499 of 2024

BETWEEN:-

KAMLESH @ KAMAL AHIRWAR S/O SHRI UTTAMAHIRWAR, AGED ABOUT 22 YEARS, OCCUPATION:LABOUR R/O VILLAGE SEWAR POLICE STATIONBAMNORA DISTRICT CHHATARPUR (MADHYAPRADESH)

(BY SHRI SHREYASH PANDIT - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION BAMNORA DISTRICTCHHATARPUR (MADHYA PRADESH)

2.VICTIM A S/O NOT MENTION NOT MENTION(MADHYA PRADESH)

(BY SHRI C.S. PARMAR - GOVT. ADVOCATE)(OBJECTOR BY MS. PAPIYA DAS - ADVOCATE)

.....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. 91/2023 dated 21.09.2023 registered at Police Station Bamnora DistrictChhatarpur for the offence punishable under Section 376, 506 and 450 of IndianPenal Code and Sections 3/4 and 5/6 of POCSO Act, 2012.

2. It is contended by the counsel for the applicant that in the present case in connection with an incident dated 2.1.2023, First Information Report hasbeen lodged on 21.9.2023 with an inordinate delay of 9 months which hasremained unexplained. It is contented by the counsel that as per theprosecution the age of the prosecutrix at the time of offence was 16 years and 8days and on the date of lodging of F.I.R she was aged about 16 years and 9months. It is contended by the counsel that the prosecution story furtherdiscloses that a futile attempt has been made to project a concocted storyinasmuch as the parents of the prosecutrix did not lodge any report till the childwas born on 20.9.2023 and the very next day, i.e., 21.9.2023, the F.I.R hasbeen lodged. Therefore, the applicant deserves to be enlarged on bail.

3. The counsel for the State as well as the counsel for objector haveopposed the application and submitted that as per the allegations levelled, theoffence was committed with a minor and, therefore, taking into considerationthe serious allegation, the applicant deserves to be dismissed.

4. Heard the submissions advanced on behalf of the parties and perusedthe case diary.

5. Undisputedly, the F.I.R in the present case has been lodged after lapse of 9 months. It further appears from the perusal of the record that when theprosecutrix delivered a child thereafter the F.I.R has been lodged. As per theprosecution the incident had taken place on 2.1.2023 and the F.I.R was lodgedon 21.9.2023. The present applicant is aged about 22 years and on the date ofregistration of F.I.R the age of prosecutrix was 16 years and 9 months.

6. Thus, taking into consideration the totality of the circumstances and also the fact that the present applicant is in custody since 21.9.2023, this Courtdeem it fit to allow this application. Therefore, without commenting on the merit of the case, the application is allowed.

7. It is directed that the applicant Kamlesh Ahirwar shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees FiftyThousand Only) with one surety in the like amount to the satisfaction of thetrial Court concerned for his appearance before the said Court on all such datesas may be fixed by that Court in this regard during the pendency of trial.

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

vivek

(MANINDER S. BHATTI)JUDGE

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