Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 15 June, 2021
Author: Shailendra Shukla
HIGH COURT OF MADHYA PRADESH
MCRC No.24449/2021
(Mahesh Vs. State of M.P.)
Indore, Dated : 15.6.2021
Heard through video conferencing.
Shri Yashpal Rathore, learned counsel for the applicant.
Shri Nipun Choudhary, learned PL for the non-
applicant/State.
Heard. Perused the case diary.
Submissions were made on first application filed under
Section 439 of Cr.P.C. for grant of bail to applicant Mahesh S/o
Badrilal Yogi in respect of Crime No.3/2020 registered at
Police Station - A.J.K., Jhabua for allegedly committing the
offence punishable under Section 363, 366, 376(d), 376(2)(n) of
IPC, under Section 3(2)(v) of SC/ST Act and under Section 5L/6
of POCSO Act. The applicant is in custody since 27.11.2020.
Charge sheet has been filed under the provisions of
Section 363, 366, 376(d), 376(2)(n) of IPC, Section 3(2)(v) of
SC/ST Act and Section 5L/6 of POCSO Act. However, in this
matter an application under Section 439 Cr.P.C. has been filed.
Learned counsel for the applicant has drawn the Court's
attention to an order passed by the Division Bench at Jabalpur,
wherein it has been held that in a case involving offences under
Atrocities Act and POCSO Act, the remedy of the accused
would lie under Section 439 of Cr.P.C. Hence the aforesaid
application has been filed.
In view of this judgment, this application is maintainable.
Submissions were heard.
As per the prosecution story, the main accused and the
present applicant had come in a car and the main accused
asked the prosecutrix, a minor girl belonging to SC/ST
community, that he loves her and wants to marry her and
committed sexual intercourse with her in the car.
HIGH COURT OF MADHYA PRADESH
Learned counsel for the applicant has drawn the Court's
attention to the FIR lodged by the prosecutrix, in which she
states that when the co-accused was committing rape, the
present applicant was not there in the car and he had gone
away. Learned counsel thus submits that it is not a case of
gang rape.
Learned counsel for the State was heard, who has
opposed the application.
Considered.
On due consideration of the aforesaid submissions,
mainly those advanced by the learned counsel for the applicant,
without commenting upon the merits of the case, this bail
application is allowed and it is directed that applicant- Mahesh
S/o Badrilal Yogi shall be released on bail upon his furnishing
a personal bond in the sum of Rs.50,000/- (Rupees Fifty
thousand only) with one local solvent surety in the like
amount to the satisfaction of the concerned Trial
Court/Committal Court for his regular appearance before the
Trial Court/Committal Court on all dates of hearing as may be
fixed in this behalf by the Court concerned during trial. It is also
directed that the applicant shall abide by all the conditions
enumerated under Section 437(3) of the Cr.P.C. It is further
stipulated that after being so released the applicant shall not
threaten or influence the prosecutrix in any manner.
A copy of this order be sent to the Court concerned for
compliance.
M.Cr.C. No.24449/2021 is allowed and stands disposed
of in aforesaid terms.
C.C. as per rules.
(Shailendra Shukla)
Judge
trilok/-
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.06.15 17:31:04 +05'30'
