Bhagwat Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6288 MP

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           THE HIGH COURT OF MADHYA PRADESH
                       MCRC-20861-2022
            Bhagwat Singh Vs. State of MP and another

Gwalior, Dated: 27.04.2022

      Shri Atul Gupta, Counsel for the applicant.

      Shri PPS Vajeeta, Counsel for respondent No. 1/State.

Shri Ravi Rahul, Counsel for respondent No. 2/ complainant.

Case Diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 26.03.2022 in connection

with Crime No.25/2022 registered at Police Station Latery Distt.

Vidisha for offence under Sections 363, 366-A, 376(3), 376(2)(n) and

344 of IPC and Section 5L/6 of POCSO Act.

It is submitted by the counsel for the applicant that the

applicant is the maternal uncle of the main accused Govind. The

allegations are that the prosecutrix, who is minor, had eloped with

Govind on 20.01.2022 and she was recovered on 16.03.2022.

Although the prosecutrix in her statement has stated that the

applicant had assisted the co-accused Govind in facilitating the

prosecutrix in running away from her house by breaking open the

wall of her house, but neither in the guminsan report nor in the

statement of the parents of the prosecutrix which were recorded

during guminsan enquiry, it was ever alleged that any wall of the

house of the prosecutrix was broken. Even in the spot map, no broken

THE HIGH COURT OF MADHYA PRADESH MCRC-20861-2022 Bhagwat Singh Vs. State of MP and another

wall was found. Thus, it is clear that the applicant has been falsely

implicated merely on the ground that he is the maternal uncle of the

main accused Govind. The applicant is in jail for the last more than

one month and 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 as well as counsel for the complainant. It is

submitted by the counsel for the complainant that not only, the

applicant had assisted the main accused in kidnapping the

prosecutrix, but the prosecutrix was pregnant at the time of her

recovery.

Considering the fact that there was no allegation/evidence of

breaking open the wall of the house of the prosecutrix, coupled with

the fact that there is no allegation of rape against the applicant, but

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) 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

THE HIGH COURT OF MADHYA PRADESH MCRC-20861-2022 Bhagwat Singh Vs. State of MP and another

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) Judge Abhi ABHISHEK CHATURVEDI 2022.04.27 16:35:10 +05'30'