Madhya Pradesh High Court
Rameshchandra Chaturvedi vs The State Of Madhya Pradesh on 28 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.2910/2022
Rameshchandra Chaturvedi Vs. State of Madhya Pradesh and
Anr.
Through video conferencing
Gwalior, Dated: 28.01.2022
Shri Santosh Chaursiya, Counsel for the applicant.
Shri Awdhesh Parashar, Counsel for respondent/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 28.12.2020 in connection
with Crime No.447/2020 registered at Police Station Jhansi Road
Distt. Gwalior for offence under Sections 323, 341, 363, 371, 376, 34
of IPC and 3/4 of POCSO Act.
It is submitted by the Counsel for the applicant that according
to the prosecution case, the prosecutrix who was minor was forcibly
married by her Bua Mamta and Lata to Sunil Chaturvedi. The
applicant is the father- in- law of co-accused Lata. He is aged about
70 years and he is in jail for the last more than one year. Co-accused
Lata and Mamta have been granted bail by the Supreme Court.
However, it is fairly conceded that they have been released on the
ground that they are ladies. It is further submitted that the only
allegation against the applicant is that that he had assisted co-accused
in marrying the minor prosecutrix with co-accused Sunil Chaturvedi.
No other allegation has been made against the applicant. The Trial is
likely to take sufficiently long time and there is no possibility of his
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.2910/2022
Rameshchandra Chaturvedi Vs. State of Madhya Pradesh and
Anr.
absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State. However, by referring to the arrest memo of the
applicant, it is fairly conceded that the applicant was 68 years of age
on the date of his arrest i.e. on 28.12.2020.
Considering the advance age of the applicant and the period of
detention, 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
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
ar
ABDUR RAHMAN
2022.01.28
16:36:41 +05'30'
