Madhya Pradesh High Court
Vishnu Vishkarma vs The State Of Madhya Pradesh on 24 April, 2021
Author: Subodh Abhyankar
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MCRC No.50540/2020
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.50540/2020
(Vishnu s/o Jagdish Vishkarma
Versus
The State of Madhya Pradesh)
Indore, Dated 24.04.2021
Hearing through Video Conferencing.
Mr. Gautam Gupta, learned counsel for the applicant.
Mr. Devashish Dubey, learned Panel Lawyer for the respon-
dent / State of Madhya Pradesh.
They are heard. Perused the case diary / challan papers.
This is the applicant's second application under Section 439 of
Criminal Procedure Code, 1973, as he implicated in connection with
Crime No.186/2019 registered at Police Station Barwaha, District
Khargone (MP) for offence punishable under Sections 363, 366, 376,
376 (2) (N) and 506 of Indian Penal Code, 1860 and Sections 3/4 and
16 / 17 of the Protection of Children from Sexual Offence Act, 2012.
The applicant is in custody since 15.09.2020.
The allegation against the present applicant is that he
accompanied the prosecutrix and the main accused Santosh only,
whereas accused Santosh has committed rape with the prosecutrix.
Earlier bail application M.Cr.C. No.37883/2020 was dismissed
by this Court on 21.10.2020 with a liberty to renew the prayer after
three months time. Counsel for the applicant has submitted since the
aforesaid order of dismissal, there has been more than three months'
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MCRC No.50540/2020
time and the applicant is in jail since 15.09.2020.
It is further submitted that so far as the involvement of the
present applicant in the aforesaid offence is concerned, there is no
overt act attributed to him regarding rape and the only allegation
against the applicant is that he also accompanied the prosecutrix and
the main accused Santosh, couple of time being the friend of
Santosh; and even in her statement recorded under Section 164 of
Cr.P.C., the prosecutrix has not alleged any overt act against him.
So far as the criminal antecedents of the applicant are
concerned, it is submitted that in the year 2011 a case under Section
376 of IPC was registered against him, however, he has already been
acquitted in the case vide judgment dated 18.09.2014 and the other
case was under the Gambling Act in which he was fined.
Counsel for the respondent / State, on the other hand, has
opposed the prayer and it is submitted that looking to the criminal
antecedents of the applicant, no case for grant of bail is made out.
Heard counsel for the parties and perused the case diary.
Having considered the rival submissions and taking note of the
fact that in the earlier bail application was dismissed with a liberty
to the applicant to renew his prayer after three months time and in
the earlier cases registered against the applicant, he has already been
acquitted and apart from that in the present case, there is no overt act
attributed to him, in these circumstances, this Court is satisfied that
MCRC No.50540/2020
the present applicant has made out a case for grant of bail.
Accordingly, without commenting on the merits of the case,
the application filed by the applicant is allowed. The applicant is
directed to be released on bail upon furnishing a personal bond in the
sum of Rs.25,000/- (rupees twenty five thousand) with one solvent
surety of the like amount to the satisfaction of the trial Court for his /
her regular appearance before the trial Court during trial with a
condition that he / she shall remain present before the Court
concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however,
in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar)
Judge
Pithawe RC
RAMESH CHANDRA PITHWE
2021.04.24 17:20:01 +05'30'
