Madhya Pradesh High Court
Ravindra @ Ravendra Gurjar vs The State Of Madhya Pradesh on 19 January, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1523/2022
(RAVINDRA @ RAVENDRA GURJAR Vs THE STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 19/01/2022
Shri G.S. Sharma, Counsel for applicant.
Shri Avdhesh Parashar, 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 18.10.2020 in connection
with Crime No.142/2021 registered by Police Station - Veerpur,
District Morena for offence punishable under Sections 366, 376-D,
342 & 506 of IPC.
It is submitted by Counsel for applicant that 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
stated that on 19.09.2021, she was waiting for a bus. The co-accused
Kalla met her on the bus stand and offered lift. Since co-accused
Kalla was known to the prosecutrix, therefore, she accepted the lift.
However, instead of dropping the prosecutrix to her house, it was
alleged that co-accused Kalla 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 the applicant. It is alleged that applicant forcibly lodged her in
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1523/2022
(RAVINDRA @ RAVENDRA GURJAR Vs THE STATE OF MADHYA PRADESH)
his house and committed rape on her. On 17.10.2021, when the
prosecutrix was going along-with Ravindra to visit Banmore and was
standing at Banmore bus stand, the applicant 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 18.10.2020. 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.
This order shall remain effective till the end of the trial but in
case of bail jump, it shall become ineffective.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1523/2022
(RAVINDRA @ RAVENDRA GURJAR Vs THE STATE OF MADHYA PRADESH)
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)
Judge
Aman
AMAN TIWARI
2022.01.20
10:39:02 +05'30'
