Kalla vs The State Of Madhya Pradesh
2022 Latest Caselaw 2008 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.6327/2022
                (KALLA VS. STATE OF M.P.)

Gwalior, Dated : 14/02/2022

       Shri B.S.Dhakad, learned counsel for the applicant.

       Shri Kaushlendra Singh Tomar, 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 19/10/2021 in connection

with Crime No.142/2021 registered at Police Station Veerpur, District

Sheopur for offence under Sections 366, 376(2)(h), 376-D, 342 and

506 of IPC.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the husband of the prosecutrix lodged a

Guminsan report on 22/09/2021. Thereafter, the prosecutrix was

recovered on 17/10/2021. In her statement, she has stated that on

19/09/2021, she was waiting for a bus. The applicant met her on the

bus stand and offered lift. Since, the applicant was known to the

prosecutrix, therefore, she accepted the lift. However, instead of

dropping the prosecutrix at her house, it was alleged that the

applicant took her to his village Kalarghati where he kept her in an

empty room and committed rape on her. On the next day, on the

pretext of visiting temple of Patiya Wale Baba, he left her with co-

accused Ravindra @ Ravendra Gurjar. It is alleged that co-accused
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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.6327/2022
               (KALLA VS. STATE OF M.P.)

Ravindra @ Ravendra Gurjar forcibly lodged her in his house and

committed rape on her. On 17/10/2021, when the prosecutrix was

going along-with Ravindra @ Ravendra Gurjar to visit Banmore and

was standing at Banmore bus stand, co-accused Ravindra @

Ravendra Gurjar ran away from the spot after seeing the police,

accordingly prosecutrix came back to police station along-with

Police, her husband and mother-in-law. It is submitted that if the

entire allegations are accepted, then it is a clear case of consent. The

prosecutrix did not raise any alarm at any point of time. The applicant

is in jail from 19/10/2020. 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.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No.6327/2022 (KALLA VS. STATE OF M.P.)

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)
Pj'S/-                                                               Judge




              Digitally signed by
              PRINCEE BARAIYA
              Date: 2022.02.14
              17:48:04 -08'00'