Jitendra Raghuvanshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8037 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 17th OF JUNE, 2022

        MISCELLANEOUS CRIMINAL CASE No. 26027 of 2022

         Between:-
         JITENDRA RAGHUVANSHI S/O SHRI RAGHURAJ
         SINGH RAGHUVANSHI, AGED 38 YEARS,
         OCCUPATION:   PRIVATE    SERVICE,  R/O
         HANUMAN CHAURAHE KE PAAS RADHA
         COLONY GUNA (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI V.K.SHARMA - ADVOCATE )

         AND

         STATE OF MADHYA PRADESH              THROUGH
         POLICE   STATION  GWALIOR,            DISTRICT
         GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT
         (BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)

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

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 25/12/2021 in connection with Crime No.168/2021 registered at Police Station Gwalior, District Gwalior for the offence under Sections 376, 366, 323, 344, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has turned hostile. The applicant has also married with

the prosecutrix and is blessed with a child. At present, there is no substantive evidence against the applicant. 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 respondent/State. It is submitted that the applicant has a criminal history and as many as 38 more criminal cases have been registered against him. It is submitted that although, the prosecutrix has not supported the prosecution case, but it is submitted that it appears that either the prosecutrix had given a false information to the police or she has not narrated the truth before the Court,

therefore, she is liable to be prosecuted.

So far as the question of prosecution of the prosecutrix is concerned, it is directed that the Trial Court while deciding the trial shall address on this issue also and shall pass a specific order as to whether the prosecution of the prosecutrix is warranted or not ?

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 trial but in case of bail jump, it shall become ineffective.

The Collector, Gwalior is directed to verify as to whether any compensation has been paid to the prosecutrix under any provision of law or not. If any compensation has been paid, then the same shall be recovered

with the interest of 6% per annum.

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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.17 17:26:07 -07'00'