Madhya Pradesh High Court
Rajesh @ Chhotu S/O Dilip Parmar ... vs The State Of Madhya Pradesh on 20 January, 2022
Author: Satyendra Kumar Singh
1
The High Court Of Madhya Pradesh
CRR No. 2281 of 2020
(RAJESH @ CHHOTU S/O DILIP PARMAR THROUGH GUARDIAN DILIP Vs THE STATE OF MADHYA
PRADESH)
Indore, Dated : 20-01-2022
Shri Akash Rathi, learned counsel for the applicant.
Shri Gopal Yadav, learned Panel Lawyer for the respondent/ State.
None for the respondent No.2/victim.
Heard through Video Conferencing.
This criminal revision has been filed by the applicant under Section 102
of the Juvenile Justice (Care and Protection of Children) Act, 2015 of Code
of Criminal Procedure, 1973 against the judgment dated 03.11.2020 passed
by the learned Sessions Judge, Jhabua, in Criminal Appeal No.43/2020
confirming the order dated 23.10.2020 passed in Criminal Case No.85/2020
by the learned Principal Magistrate, Juvenile Justice Board, Jhabua whereby
application for grant of bail/Supurdnama has been rejected.
The applicant has been arrested by the Police Station Petlawad, District
Jhabua in connection with Crime No.178/2020 for the offencs punishable
under Sections 376(2)(n) and 506 of IPC and Section 5(l)(j)(i)/6 of Protection
of Children from Sexual Offence Act.
Prosecution story in brief is that the applicant aged about 17 years
threatened the minor prosecutrix aged about 17 years, and thereafter,
committed rape upon her when she came to his shop for purchasing biscuits.
Learned counsel for the applicant submits that applicant himself is
minor aged about 17 years. FIR is delayed about four months without any
reasonable cause. A false and fabricated case has been registered against
him. The applicant is in observation home since long. It is further submitted
that report of Probationary Officer has been received. According to which
there is nothing adverse against the applicant. Therefore, in view of the
mandatory provisions for bail under the Act, the applicant is entitled for grant
of bail/supurdnama to his father. In such circumstances, it is prayed that this
Signature Not Verified
SAN
criminal revision may be allowed by setting aside the orders of the Courts
Digitally signed by VIBHA PACHORI
Date: 2022.01.21 09:46:04 IST
below.
Learned counsel for State has opposed the revision.
I have gone through the report of the Probation Officer, which is
attached with the case diary. According to which, conduct and behaviour of
the applicant is good and there is nothing adverse against him.
Having regard the report of Probationary Officer and age of the
applicant and the prosecutrix, this Court is of the considered view that the
applicant is entitled for grant of bail/ Supurdnama.
Accordingly, this revision is allowed and impugned order dated
23.10.2020 passed in Criminal Case No.85/2020 by the learned Principal
Magistrate, Juvenile Justice Board, Jhabua, is set aside.
It is directed that if the guardian of the present applicant furnishes a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
and a solvent surety of the like amount to the satisfaction of the Juvenile
Court with an undertaking that the guardian will take care of the juvenile in
conflict with law and also take care that he will not indulge in any kind of
criminal activity, the custody of the applicant be handed over to his guardian.
This revision stands allowed and disposed of.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2022.01.21 09:46:04 IST
