Rajesh Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 7297 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-53503-2021
                Rajesh Meena Vs. State of M.P.

Gwalior, Dated : 11/11/2021

      Shri Harendra Sharma, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

      This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second bail application was dismissed by order

dated 04.06.2021 passed in M.Cr.C. No.20423/2021 as withdrawn

with liberty to revive the prayer after examination of the prosecutrix.

      The applicant has been arrested on 27.01.2021 in connection

with Crime No.06/2021 registered by Police Station Shamshabad,

District Vidisha for offence punishable under Sections 363, 366, 376

of IPC and Section 3/4 of POCSO Act.

      It is submitted by Counsel for the applicant that prosecutrix has

been examined and she has not supported the prosecution case. The

trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. It is submitted that it is true that the

prosecutrix has turned hostile but it appears that either she had made

a false report to the Police or she has not narrated the true facts before

the trial Court, therefore, she is liable to be prosecuted. It is further

submitted that as per FSL report, no human sperm was found on any

THE HIGH COURT OF MADHYA PRADESH MCRC-53503-2021 Rajesh Meena Vs. State of M.P.

of the incriminating articles of the prosecutrix, therefore, nothing has

been sent for DNA test.

Heard the learned counsel for the parties.

According to the prosecution case, prosecutrix is minor aged

about 16 years. Shri Singh has read out the statement of prosecutrix

recorded under Section 161 of Cr.P.C, in which she has alleged that

she was kidnapped by the applicant and they had physical

relationship in the running bus, whereas in the Court evidence, she

has stated that neither the applicant is known to her nor she went

along-with him but on the contrary, she on her own went to Bhopal.

Thus, it is clear that prosecutrix has resiled from her original

allegations and has categorically stated that no offence has been

committed with her and she was not subjected to any offence.

Whether the prosecutrix is liable to be prosecuted for giving

false evidence or not, is yet to be decided by the Trial Court. and it is

directed that the Trial Court while passing the final judgment will

consider this aspect and will give a specific finding on this aspect

also.

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 applicant be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac

THE HIGH COURT OF MADHYA PRADESH MCRC-53503-2021 Rajesh Meena Vs. State of M.P.

Only) with one surety in the like amount to the satisfaction of the

Trial Court/Committal Court to appear 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.

It is not known as to whether the State has paid any

compensation to the prosecutrix on account of registration of present

offence or not.

The Collector/Superintendent of Police Vidisha (Competent

Authority) is directed to file a report before the Principal Registrar of

this Court within a period of 1 month from today pointing out as to

whether any compensation amount was paid to prosecutrix on

account of registration of Crime No.06/2021 at Police Station

Samshabad, Vidisha or not. If any compensation was paid, then the

same shall be recovered as prosecutrix has claimed that she was not

subjected to any offence. Accordingly, it is held that she is not entitled

to any compensation.

Let the necessary report be filed before the Principal Registrar

of this Court latest by 15.12.2021.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

THE HIGH COURT OF MADHYA PRADESH MCRC-53503-2021 Rajesh Meena Vs. State of M.P.

bail be sent to the complainant.

Two typed copies of this order be given to Shri C.P. Singh,

Counsel for State, for communicating the same to

Collector/Superintendent of Police Vidisha for necessary information

and compliance.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.11.11 15:59:42 +05'30'