Madhya Pradesh High Court

MCRC/3644/2024 of PULU@ CHANDRAPRAKASH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3644 of 2024

BETWEEN:-

1.PULU@ CHANDRAPRAKASH S/O JHANAK SINGH,AGED ABOUT 24 YEARS, OCCUPATION: LABOURR/O BOPALWADI POLICE STATION AMLA TEHSILAMLA DISTRICT BETUL (MADHYA PRADESH)AGED ABOUT 24 YEARS, OCCUPATION: LABOURR/O BOPALWADI POLICE STATION AMLA TEHSILAMLA DISTRICT BETUL (MADHYA PRADESH)

2.SATYAM @ SANGRAM S/O JHANAK SINGH, AGEDABOUT 21 YEARS, OCCUPATION: LABOUR R/OBOPALWADI P.S. AMLA TEHSIL AMLA DISTRICT(MADHYA PRADESH)ABOUT 21 YEARS, OCCUPATION: LABOUR R/OBOPALWADI P.S. AMLA TEHSIL AMLA DISTRICT(MADHYA PRADESH)

(BY SHRI IRFAN KHAN - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION AMLA DISTRICT BETUL(MADHYA PRADESH)

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

(BY SHRI PANKAJ TIWARI - PANEL LAWYER)

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

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ORDER

After arguing for some time, learned counsel for the applicants prays for withdrawal of the bail application filed on behalf of applicant no.1 Pulu @Chandraprakash.

Prayer is allowed.

The bail application on behalf of applicant no. 1 Pulu @ Chandraprakashis hereby dismissed as withdrawn.

Heard the bail application only on behalf of applicant no.2 Satyam @Sangram.

This is the first bail application filed by the applicant no.2 under Section439 of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo. 957/2023 registered at Police Station - Amla District Betul (M.P.) for theoffence punishable under Sections 363, 366, 34 of IPC and section 11/12 ofPOCSO Act. Applicant no.2 is in detention since 4/01/2024.

2. As per the prosecution story, it is alleged that applicant no.1 Pulu @Chandraprakash forcibly took the prosecutrix to Indore without her consentand applicant no.2 has given money to applicant no.1 therefore, the aforesaidoffence has been registered against them.

3. Learned counsel for the applicant no.2 submitted that applicant no.2 isin jail since 4/01/2024. He has been falsely implicated. It is submitted that onlyallegation against the applicant is that he has given money to mainaccused/applicant no.1 Pulu @ Chandraprakash, who has taken away theprosecutrix with him. He has no criminal past. Charge sheet has been filed. Thetrial of the case will take considerable time. Therefore, it has been prayed thatthe applicant no.2 may be released on bail pending the trial.

4. On the other hand, learned counsel for State has opposed the grant ofbail 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 no.2 Satyam @ Sangram on bail. Consequently, bail application underSection 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant no.2, stands allowed.

6. It is directed that applicant no.2 be released on bail on his furnishing a personal 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 hisregular 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.

navin

(PRAMOD KUMAR AGRAWAL)JUDGE

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