Surendra Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 8683 MP

                                                            1                                 CRA-9806-2019
                                  The High Court Of Madhya Pradesh
                                           CRA No. 9806 of 2019
                                      (SURENDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 13-12-2021
                             Shri Anoop Saxena, learned counsel for the appellant.

                             Shri Piyush Bhatnagar, learned Panel Lawyer for the State-respondent.

Heard on I.A.No. 9065/2020, which is the first application filed under sections 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant- Surendra Kushwaha.

The appellant herein has been tried and convicted for the offences punishable

under sections 376(2)(dha) of IPC and Section 5/6 of POCSO Act, 2012 and sentenced to suffer RI for 10 years each and fine of Rs5,000/- each with default stipulation, as mentioned in the impugned judgment.

The allegation against him is of having kidnapping a minor girl, aged close to seventeen years and having kept her in captivity for three months and committed rape with her.

Learned counsel for the appellant has drawn our attention to the statement of PW-3. After having gone through the same, prima facie it appears to be a case of consent. However, on the question of age, learned counsel for the appellant has drawn our attention to the statement of father of the prosecutrix, who has been

examined as PW-3 wherein, he states that he has given the name while admitting his daughter in school by estimation and not because he knew the precise date.

Per contra, learned counsel for the State has opposed the application for grant of bail on the ground that the DNA report has connected the appellant to the offence of rape.

However, looking to the facts and circumstances of the case, specially upon the prima facie appreciation of paragraph 15 of the prosecutrix's statement along with the statement of her father relating to the age of the prosecutrix, without commenting on the merits of the case, the application is allowed and it is directed that the appellant-Surendra Kushwaha shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Onl y) with one solvent surety in the like amount to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to

Signature SAN Not ensure that he is not suffering from the Novel Corona Virus (COVID-19) and if he is, Verified

Digitally signed by ASTHA SEN Date: 2021.12.15 16:51:17 IST 2 CRA-9806-2019 he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

Certified copy as per rules.

   (ATUL SREEDHARAN)                                               (SUNITA YADAV)
          JUDGE                                                        JUDGE

Astha