Sourabh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 10084 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 21st OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 35904 of 2022

        Between:-
        SOURABH SHARMA S/O SHRI RAMSUNDAR
        SHARMA, AGED 20 YEARS, R/O VILLAGE
        PIDAWALI, TAHSIL AND DISTRICT MORENA
        (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY SHRI ANKUR MAHESHWARI - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        STATION HOUSE OFFICER POLICE STATION
        CIVIL LINE, DISTRICT MORENA (MADHYA
        PRADESH)

                                                                .....RESPONDENT
        (BY SHRI P.P.S.VAJEETA - PUBLIC PROSECUTOR)
        (BY SHRI DHARMENDRA RISHISWAR - ADVOCATE FOR THE
        COMPLAINANT)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is not available. However, it is submitted by the counsel for the complainant that he is in possession of the charge-sheet.

This fourth repeat application filed under Section 439 of Cr.P.C. for grant of bail. Third bail application was dismissed by order dated 24/09/2021 passed in MCRC No.47337/2021.

The applicant has been arrested on 20/03/2021 in connection with Crime No.116/2021 registered at Police Station Civil Lines, District Morena for

offence under Sections 305, 354-D, 34 of IPC and Sections 11, 12 of the POCSO Act.

According to the prosecution case, the applicant and his brother Virendra @ Lalu Sharma as well as Bhabhi Rubi were pressurizing the minor deceased to marry the applicant. It is also alleged that the applicant used to talk with the deceased. He was also pressurizing the deceased that in case, if she does not agree for marry, then he would upload her recorded conversation as well as photographs with the applicant. However; it is submitted that police has not seized any recorded conversation and photographs which clearly indicate that the allegation of making photographs and conversation viral is false. The

applicant is in jail for the last more than 1 year and three months. Although the bail application co-accused Rubi has been rejected but her application was rejected mainly on the ground of her short period of detention, coupled with the fact that she did not surrender even after the rejection of her SLP by the Supreme Court. However; it is submitted that the co-accused Virendra @ Lalu Sharma has been granted bail by this Court by order dated 14.07.2022 passed in MCRC No.32837/2022. 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 as well as complainant. It is submitted that in case if the applicant is granted bail then there is every possibility that he may pressurize the witnesses.

In reply, it is submitted by the counsel for the applicant that the apprehension expressed by the counsel for the complainant is misconceived. However; he undertakes to stay away from the relatives of the deceased including the witnesses.

In view of the undertaking given by the counsel for the applicant as well

as in the light of the period of detention already undergone by the applicant 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.

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 18/03/2021 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 PjS/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.21 17:28:17 -07'00'