Chotu @ Parmeshwardas Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 7471 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.55800/2021
       (CHOTU @ PARMESHWARDAS VS. STATE OF M.P.)

Gwalior, Dated : 16/11/2021

       Shri Deependra Singh Kushwah, learned counsel for the

applicant.

       Shri Rinkesh Goyal, learned counsel for the State.

       Case diary is available.

       This is first bail application under Section 439 of Cr.P.C. has

been filed for grant of bail.

       The applicant has been arrested on 09/07/2021 in connection

with Crime No.110/2021 registered at Police Station Badoni, District

Datia for offence under Sections 376(2)(n), 366, 344, 323 and 506 of

IPC.

       It is submitted by the counsel for the applicant that

undisputedly, the prosecutrix is aged about 19 years and she eloped

with the applicant and they performed marriage in Jhansi before

Shiva (Dahejrahit) Adarsh Vivah Samiti, Rani Laxmi Nagar, Jhansi

(U.P.) and a certificate was also issued by the said society which has

also been annexed as Annexure A/2. The applicant is in jail for the

last three months. The Trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with the

prosecution case.

       Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that on 06/03/2021 at about
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        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.55800/2021
     (CHOTU @ PARMESHWARDAS VS. STATE OF M.P.)

13:20, the father of one of the prosecutrix lodged a report that on

01/03/2021

at about 7 PM his daughter aged about 17 years and the

daughter of his elder brother aged about 18 years and 10 months

(prosecutrix) had left the house, but they did not return back. They

were searched in the relatives, but when they could not get any

information about the missing girls, therefore, a Guminsan report was

lodged. It is further submitted that the prosecutrix was recovered on

08/07/2021 and she give a written application that on the enticement

by the applicant, she went alongwith him to Orchcha but from

thereafter, she was taken to Jhansi where, they stayed in a rented

room and raped her. Thereafter, she was taken to Tikamgarh and the

applicant got her signature on the stamps papers forcibly. However, it

is submitted that undisputedly the prosecutrix is major aged about 19

years.

In reply, it is submitted by the counsel for the applicant that

when the prosecutrix herself went alongwith the applicant to

Orchcha, Jhansi as well as Tikamgarh, then she could have raised an

alarm or inform the near bypassers but she maintained the silence,

which clearly shows that she was a consenting party. She stayed with

the applicant for more than one month.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No.55800/2021 (CHOTU @ PARMESHWARDAS VS. STATE OF M.P.)

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) 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 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 of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                (G.S. Ahluwalia)
Pj'S/-                                                                Judge

           Digitally signed
           by PRINCEE
           BARAIYA
           Date: 2021.11.16
           18:19:45 -08'00'