Virendra @ Lalu Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 9678 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 14th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 32837 of 2022

        Between:-
        VIRENDRA @ LALU SHARMA S/O RAMSUNDAR
        SHARMA, AGE 26 YEARS, R/O VILLAGE
        PIDAWALI, TEHSILD AND DISTRICT MORENA
        (MADHYA PRADESH)

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

        AND

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

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

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

Case diary is available.

This fourth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dated 04/03/2022 passed in MCRC No.9322/2022.

The applicant has been arrested on 20/03/2021 in connection with Crime No.116/2021 registered at Police Station Civil Lines Morena, District Morena for offence under Sections 305, 34, 354(D) of IPC and under Sections 11 and

12 of the POCSO Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and his wife Rubi were pressurizing the minor girl to marry Saurabh Sharma i.e. younger brother of the applicant. It is true that earlier co-accused Rubi was absconding, but she too has been arrested and her bail application has been rejected. However, the applicant is in jail from 20/03/2021 i.e. more than one year and three months. No photo-graph and video-graph of the deceased with Saurabh Sharma was ever seized. The pen- drive, which was made available by the father of the deceased merely contains the photo-graph /video-graph of the dead body of the deceased, which has

nothing to do with the allegations made against the applicant. It is further submitted that although, his previous bail applications have already been dismissed on merits, but this application may be considered sympathetically in the light of his period of detention.

Per contra, the application is vehemently opposed by the counsel for the State as well as the counsel for the complainant. It is fairly conceded by the counsel for the complainant that pen-drive, which was made available by the father of the deceased, merely contains the photo-graph/video-graph of the dead body of the deceased only.

Considering the period of detention, 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.14 17:19:21 -07'00'