Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 9 February, 2022
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 9th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 2424 of 2022
Between:-
RAJESH S/O SHRI DHARMA JI SILAWAT ,
AGED ABOUT 35 YEARS, OCCUPATION:
DRIVER 201, SANJAY GANDHI NAGAR, PALDA
NEW RTO ROAD (MADHYA PRADESH)
.....PETITIONER
(By Shri Yogesh Gupta, Advocate)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH P.S. HEERA
NAGAR (MADHYA PRADESH)
2. PROSECUTRIX X D/O . THROUGH STATION
HOUSE OFFICER, POLICE STATION HEERA
NAGAR (MADHYA PRADESH)
.....RESPONDENTS
(By Shri Gopal Yadav, Panel Lawyer )
(Heard through Video Conferencing)
This application coming on for orders this day, Hon'ble Shri Justice
Satyendra Kumar Singh passed the following:
ORDER
Heard through Video Conferencing.
Case diary is available with the learned counsel for respondent/State.
With consent, heard finally.
This is first application filed under Section 439 of Cr.P.C for grant of
bail to the applicant, as he has been arrested on 02.10.2021 in connection with
Crime No.691/2021 registered at Police Station Heera Nagar Indore District
f o r commission of offence punishable under Section(s) 376,376(2)(N),
376(2)(i) of IPC and 5(L)/6, 3/4, 14 of POCSO Act, 2012 & Section 66-E,
67-B of Information Technology Act, 2008.
Prosecution story, in brief, is that prosecutrix is a minor girl aged about
16 years and two months. After the death of her father, her mother has
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2022.02.11 10:58:42 IST
solemnized marriage with the present applicant. Thereafter, applicant started
residing with the prosecutrix and her mother. When mother of the
prosecutrix went to her work, applicant threatened her and forcefully
committed rape upon her about which she lodged a report against him.
Thereafter, on 18.08.2021, applicant again came to reside with the family of
prosecutrix and forcefully committed rape upon her and when prosecutrix
opposed the same, on 01.10.2021, he threatened the prosecutrix and her
mother and make a video of them without clothes and committed rape upon
her again. He threatened her of dire consequences, in case she try to tell about
the same to anybody or make any complaint.
Learned counsel for the applicant submits that prosecutrix is major girl.
She as well as her mother are involved in immoral activities and when
applicant objects the same, they roped him in a false case about which a
criminal case bearing Crime No. 151/2020 for the offences punishable u/S
376(2)(N), 376(2)(F), 506-B of IPC and 5L/6, 5N/6 of POCSO Act was
registered against him in which vide judgment dated 28.01.2021 passed by the
Court of 15th Additional Sessions Judge, Indore, applicant has been
acquitted. Applicant thereafter filed a divorce petition u/S 13(A) of Hindu
Marriage Act against the mother of Prosecutrix before the Principal Judge,
Family Court, Indore on 14.07.2021, due to which again the instant false and
fabricated FIR has been lodged against the applicant. Applicant is living
separately from the prosecutrix and her mother since the passing of judgment
of acquittal i.e. on 28.01.2021. The whole prosecution case is concocted and
instant FIR is lodged by the mother of prosecutrix in order to create pressure
on the applicant to give her share in the property of the applicant. Hence,
applicant has not committed any offence and he has been falsely implicated in
the matter. Even otherwise, applicant is in custody since 02.10.2021.
Investigation is complete and chargsheet has been filed.Trial will take time for
its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State opposes the application
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2022.02.11 10:58:42 IST
supporting the order impugned with the submission that prosecutrix was
minor at the time of incident and applicant has repeatedly committed rape
upon the prosecutrix who is his step daughter. Offences alleged against the
applicant are of serious in nature. Hence no case for grant of bail is made out.
Having considered the judgment dated 28.01.2021 whereby applicant
has been acquitted from similar type of charge alleged against him by the
prosecutrix wherein prosecutrix and her mother both have stated about the
age of the prosecutrix to be 18 years, the divorce petition dated 14.07.2021
filed by the applicant against the mother of prosecutrix before the Court of
Principal Judge, Family Court, Indore wherein, it is specifically mentioned
that mother of the prosecutrix was not living with the applicant, so also
considering overall material produced on record, this Court is of the view that
the applicant deserves to be enlarged on bail, hence, without commenting
anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon
her furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty
thousand Only) with a solvent surety in the like amount to the satisfaction of
the concerned Court for his appearance before the trial Court on all such
dates as may be fixed in this behalf by the trial Court during the pendency of
trial. It is further directed that applicant shall comply with the provisions of
Section 437 (3) of Cr. P. C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the
concerned Jail Authority is directed to follow the directions/ guidelines issued
by the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2022.02.11 10:58:42 IST
