Sooraj Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8070 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 20th OF JUNE, 2022

        MISCELLANEOUS CRIMINAL CASE No. 28348 of 2022

         Between:-
         SOORAJ SIKARWAR S/O SHRI SURENDRA
         SINGH SIKARWAR, AGED 22 YEARS, R/O
         VILLAGE UTTAMPURA, POLICE STATION
         DEVGARH, DISTRICT MORENA (MADHYA
         PRADESH)

                                                                    .....APPLICANT
         (BY SHRI ATUL GUPTA - ADVOCATE)

         AND

1.       THE STATE OF MADHYA PRADESH THROUGH
         POLICE   STATION  DEVGARH,   DISTRICT
         MORENA (MADHYA PRADESH)

2.       PROSECUTRIX THROUGH POLICE STATION
         DEVGARH,   DISTRICT MORENA (MADHYA
         PRADESH)

                                                                .....RESPONDENTS
         (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 second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 29.4.2022 passed in M.Cr.C.No.21298/2022.

Th e applicant has been arrested on 15.2.2022 in connection with Crime No.12/2022 registered at Police Station Devgarh, District Morena for offence under Sections 354, 376, 511, 323, 34 of IPC and under Section 7/8 of the POCSO Act.

It is submitted by the counsel for the applicant that according to the FIR, the complainant had gone to shutdown the water pump. The complainant was caught hold by co-accused Ankit and dragged her to the field where mustered crop was standing. The applicant and other co-accused Abhishek and Dhruv were already present over there. She was thrown by Ankit on the ground with an evil intention and tried to remove her clothes and also put her hand inside her clothes. Accordingly, she gave a kick in the abdominal region of co-accused Ankit. It is alleged that thereafter the applicant and co- accused Abhishek and Dhruv caught hold of her hands and legs with an evil intention. After hearing her hue and cry, her uncle Omkar Singh reached on the spot and after noticing him, all the accused persons ran away. It is submitted that the applicant is in jail from 15.2.2022 i.e. more than four months. It is true that the bail application of co-

accused Ankit was filed during summer vacation and in view of relaxation in rule of listing of bail applications of co-accused before the same Bench, the matter was placed before the Co-ordinate Bench which has granted bail to the main accused Ankit. However, he fairly conceded that in the order, the fact of rejection of bail application of the present applicant is not mentioned. It is submitted that, therefore, he would not like to place reliance on the order passed in the case of Ankit. However, it is submitted that in view of the fact that no rape was committed and even otherwise, there is no allegation that the applicant had ever tried to outrage the modesty or commit rape on the prosecutrix coupled with the fact that he is in jail for the last more than four months, his prayer for bail may be considered sympathetically. 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. Considering the nature of allegations as well as period of detention, 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.

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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.22 18:59:22 +05'30'