Rajesh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1265 MP

                                   1                             MCRC-9383-2021
        The High Court Of Madhya Pradesh
                  MCRC-9383-2021
        (RAJESH JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 05-04-2021
       Shri Rajiv Sharma, learned counsel for the applicants.
       Shri Ravi Vallabh Tripathi, Panel Lawyer for the respondent/State.

Case diary is available.

This first application has been filed under Section 439 of Cr.P.C. for grant of bail.

T he applicants have been arrested on 16.01.2021 in connection with Crime No. 14/2021 registered by Police Station Seondha, District Datia for offence punishable under Sections 363, 366, 34 of the IPC and Section 11/12, 18 of Protection of Children from Sexual Offences Act, 2012.

It is submitted by the Counsel for the applicants that although age of the prosecutrix is below 18 years and she went missing in the intervening night of 14th-15th of January, 2021 and was recovered on 16.01.2021 from the custody of the applicants, but there is no allegation of rape. Trial is likely to take sufficiently long time and the applicants have no criminal history. There

is no possibility of their absconding or tampering with the prosecution case.

P e r contra, the application is opposed by the counsel for the respondent/State. However, after going the police case diary, it is fairly conceded by the Counsel for the State that as per police case diary, the applicants have no criminal history.

Heard the learned counsel for the parties. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One Lac Only) each with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear 2 MCRC-9383-2021 before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case o f Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be

sent to the complainant.

Certified copy as per rule.

(G.S. AHLUWALIA) JUDGE

ar

ABDUR RAHMAN 2021.04.05 17:49:09 +05'30'