Raju Kha vs The State Of Madhya Pradesh
2022 Latest Caselaw 108 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63938/2021 (RAJU KHA Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 03/01/2022

Shri V.P.S. Tomar, Counsel for applicant.

Shri Rajeev Upadhyay, Counsel 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 09.11.2021 in connection with

Crime No.503/2021 registered by Police Station Porsa, District Morena

for offence punishable under Sections 354, 456, 323, 506, 34 of IPC.

It is submitted by Counsel for the applicant that according to the

prosecution case, the prosecutrix woke up at 2:30 in the night and came

out of her house in order to answer the call of nature and it is alleged

that at that time, the applicant alongwith the co-accused came to the

house of the prosecutrix through the roof of the house and threw her on

ground as well as also tried to torn her cloths and outraged her modesty.

It is submitted that the allegations are false. Even otherwise, there is

nothing on record to suggest that the applicant was aware of the fact

that the prosecutrix would come out of her house at 2:30 in the

Morning. The applicant is in jail for the last more than one and half

months. 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. It is submitted that applicant has criminal history and one

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63938/2021 (RAJU KHA Vs STATE OF MADHYA PRADESH)

offence under Section 25, 27 of Arms Act was registered at crime

No.400/2018 at Police Station Porsa, District Morena and another

offence under Sections 188, 269 & 270 of IPC was registered at crime

No.236/2021 at Police Station Porsa, District Morena.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station - Porsa, District Morena on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by this

Court, this order shall lose its effect.

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 rules.

(G.S. Ahluwalia) Judge Aman

AMAN TIWARI 2022.01.03 14:23:54 +05'30'