Citation : 2022 Latest Caselaw 1637 MP
Judgement Date : 4 February, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6292/2022
(SUKHVEER JATAV VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 04/02/2022
Shri K.K.Shrivastava, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 24/12/2021 in connection
with Crime No.562/2021 registered by Police Station Kolaras,
District Shivpuri for offence punishable under Sections 376 and 506-
B of IPC.
It is submitted by the counsel for the applicant that the
prosecutrix is undisputedly a major girl aged about 22 years. On
18/10/2021
, she eloped with the applicant and went to Ahmedabad
where they stayed for two months. No complaint was ever made by
the prosecutrix about her forcible detention at Ahmedabad. It appears
that the prosecutrix was a consenting party. 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.
Considering the facts and circumstances of the case, without
THE HIGH COURT OF MADHYA PRADESH MCRC No.6292/2022 (SUKHVEER JATAV VS. STATE OF M.P.)
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
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: 2022.02.04
15:06:10 -08'00'
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