Manjesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5663 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 6149/2022
    (MANJESH Vs THE STATE OF MADHYA PRADESH AND ANOTHER)



Gwalior, Dated : 19/04/2022

      Shri Brijendra Singh, Counsel for applicant.

      Smt. Anjali Gyanani, Counsel for State.

      Case diary is available.

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

grant of bail. The first application was dismissed by order dated

12.11.2021

passed in M.Cr.C. No.50601/2021 as withdrawn.

The applicant has been arrested on 06.08.2021 in connection

with Crime No.213/2021 registered at Police Station Bhander Distt.

Datia for offence under Sections 363, 376, 376 (3) of IPC and 3, 4 of

POCSO Act.

It is submitted by Counsel for applicant that the prosecutrix has

been examined and she has not supported the prosecution case.

Accordingly, Counsel for State was directed to obtain the FSL

report.

It is submitted by Smt. Gyanani that in the FSL report, no

human sperms were found in any of the incriminating articles of the

prosecutrix including her vaginal swab. However, It is submitted that

it appears that either prosecution witnesses had not given the correct

information to the Police or they have not narrated the truth before the

Court, and therefore, they are liable to be prosecuted.

Heard the learned Counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 6149/2022 (MANJESH Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

So far as the question of prosecution of witnesses is concerned,

the same is left with the discretion of the Trial Court. However, it is

directed that the Trial Court while deciding the trial shall address to

the question as to whether they are required to be prosecuted or not.

Considering the period of detention as well as the FSL report

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/-(Rupees One

Lac 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.

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

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.04.19 17:46:14 +05'30'