Madhya Pradesh High Court
Ravi @ Brijesh Patel vs The State Of Madhya Pradesh on 30 November, 2021
Author: Vishal Mishra
1 MCRC-37589-2021
The High Court Of Madhya Pradesh
MCRC No. 37589 of 2021
(RAVI @ BRIJESH PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
7
Jabalpur, Dated : 30-11-2021
Shri Shailendra Dwivedi, learned counsel for the applicant.
Shri Abhishek Singh, learned Panel Lawyer for the respondent/State.
Shri Vivek Shukla, learned counsel for the victim.
This is the second bail application under Section 439 of Cr.P.C filed
by the applicant for grant of bail.
T h e applicant has been arrested on 02.03.2020 by Police Station
Chachai, District Anuppur (M.P.) in connection with Crime No.62/2021 for
the offence punishable under Sections 363, 366 (ka), 376, 376 (2) N of the
Indian Penal Code and Section 3,4, 5(L), 6 of the POCSO Act and Section
3(2)(5), 3 (1)(w)(II) of the SC/ST (Prevention of Atrocities) Act.
Earlier the matter was filed as a criminal appeal but going to the fact
that the offence under POCSO Act and SC/ST (Prevention of Atrocities) Act
have been registered therefore, in view of the judgment passed in the Division
Bench of this court. The M.Cr.C. is required to be filed therefore, this case is
filed. Earlier criminal appeal was filed and it was considered and rejected by
this court on merits vide order dated 05.05.2021 passed in
Cr.A.No.2736/2021.
The repeat application has been filed on the ground that the applicant is
in custody since 02.03.2020 and it is not disputed that the applicant as well as
the victim have solemnized their marriage in a temple and out of the wedlock a
child was born on 27.02.2021.
As per the prosecution story, the age of the victim was 17 years and 11
months at the time of commission of offence. Even the affidavit of the mother
has been filed supporting the statement recorded under Section 164 of the
Cr.P.C. by the victim. As charge sheet has already been filed and witnesses
Signature Not Verified
SAN
are not turning up before the trial court therefore, prays for grant of bail.
Digitally signed by SHALINI LANDGE
Date: 2021.12.01 10:00:16 IST
2 MCRC-37589-2021
Per contra, learned counsel appearing for the State has opposed the
prayer for grant of bail stating that on earlier occasion, affidavit was filed by
the applicant was considered and the application was rejected in criminal
appeal no.2736/2021 dated 05.05.2021 but he could not dispute the fact that
the age of the victim was 17 years 11 months at the time of commission of
offence.
Counsel appearing for respondent no.2/victim has categorically stated
that the victim as well as the present applicant has solemnized their marriage
and out of wedlock she has given birth to a child on 27.02.2021 and she
wants to reside with the present applicant as his wife.
Considering the overall facts and circumstances of the case and
without commenting upon the merits of the case and also considering the fact
that the victim was 17 years and 11 months old at the time of commission of
offence coupled with the fact the she has given her consent to live with the
applicant as his wife, this court deems it appropriate to allow this application.
The applicant be released on bail on furnishing surety bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one local surety in the like amount to
the satisfaction of trial Court.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may
be;
3. The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4 . The applicant shall not involve any other offence, in case the
Signature Not Verified
SAN
applicant indulge in any other criminal case the benefit of bail as extended by
Digitally signed by SHALINI LANDGE
Date: 2021.12.01 10:00:16 IST
3 MCRC-37589-2021
this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the
trial;
6. The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
7 . If the applicant is found involved in any case except present one,
his bail shall stand rejected without any reference to the Court;
8. The applicant will inform the concerned S.H.O. of concerned
Police Station about his residential address in the said area and it would be
the duty of the Public Prosecutor to send E-copy of this order to SHO of
concerned police station as well as Superintendent of Police concerned who
shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
Sha
Signature Not Verified
SAN
Digitally signed by SHALINI LANDGE
Date: 2021.12.01 10:00:16 IST
