Chhotu @ Shivjeet vs The State Of Madhya Pradesh
2022 Latest Caselaw 6122 MP

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             THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 20359/2022
      (CHHOTU @ SHIVJEET Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 25/04/2022

      Shri D.S. Kushwah, Counsel for applicant.

      Shri Rohit Mishra, Additional Advocate General for State.

      Case diary is available.

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

grant of bail.

      The applicant has been arrested on 28.03.2022 in connection

with Crime No.88/2022 registered by Police Station - Porsa, District

Morena, for offence punishable under Sections 363, 366-A of IPC.

      It is submitted by Counsel for applicant that applicant is in jail

since 28.03.2022 i.e. approximately one month. The prosecutrix,

whose date of birth is 04.07.2004, is alleged to have eloped with

applicant on 07.03.2022 and came back on her own on 10.03.2022.

She had not leveled any allegation of rape against the applicant and

even she refused to undergo the medical examination. 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 opposed by the Counsel for the

respondent/State. It is submitted that it is true that the prosecutrix has

not alleged any physical assault but she was kidnapped by the

applicant.

Heard the learned Counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20359/2022 (CHHOTU @ SHIVJEET Vs THE STATE OF MADHYA PRADESH)

Considering the fact that there are no allegation of rape against

the applicant as well as the prosecutrix had refused to undergo the

medical examination, 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 2022.04.25 17:13:54 +05'30'