Madhya Pradesh High Court
Rahul Dhakad vs The State Of Madhya Pradesh on 27 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 27th OF JUNE, 2022
MISCELLANEOUS CRIMINAL CASE NO. 30632 of 2022
Between:-
RAHUL DHAKAD S/O SHRI
BHUPENDRA DHAKAD, AGED 19
YEARS, OCCUPATION STUDENT,
R/O VILLAGE HATIPURA, AT
PRESENT OLD VEGETABLE
MARKET, NEAR GOUR LANE,
POLICE STATION KELARAS,
DISTRICT MORENA (MADHYA
PRADESH)
........APPLICANT
(BY SHRI R.K. SHARMA - SENIOR ADVOCATE WITH SHRI
M.K. CHAUDHARY - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION
KELARAS, DISTRICT MORENA
(MADHYA PRADESH)
........RESPONDENT
(SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR FOR
STATE AND SHRI PREM SINGH BHADORIYA - ADVOCATE FOR
2
COMPLAINANT)
----------------------------------------------------------------------------------------
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 14.06.2022 in connection with
Crime No.178/2022 registered at Police Station Kelaras District Morena
for offence under Sections 365, 452, 354, 354-A, 323, 294, 506-B, 34 of
IPC and Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, on 17.04.2022 the complainant lodged an FIR on
the allegations that at about 09:45 AM, co-accused persons came to her
house and started beating her son. When she tried to rescue him, then she
too was assaulted by the co-accused Bhupendra and Ramlakhan.
Thereafter, they took her and her son in a car to Rijhoni Road. On the
way, co-accused Ramlakhan outraged her modesty by pressing her breast.
It is alleged that thereafter the applicant came on a motorcycle and also
abused her and kicked on her waist, as a result, she fell down. It is
submitted that as per the MLC of complainant as well as her son, it is
clear that the complainant sustained only one swelling on tip of middle
finger of left hand and had also complained of pain of right knee, but no
external injury was seen and son of the complainant had suffered one
contusion over left forearm and one abrasion over right ear. Thus, the
allegation that they were badly beaten by the applicant and co-accused
persons is belied by the medical evidence. Further, the applicant is in jail
from 14.06.2022 and this Court by orders dated 12.05.2022 passed in
M.Cr.C. No.23779/2022 and order dated 17.06.2022 passed in M.Cr.C.
No.27459/2022 has granted bail to the co-accused Ashish Dhakad and
Bhupendra respectively. It is submitted that the applicant has been falsely
implicated merely because he is the son of the co-accused Ramlakhan.
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 the complainant.
Considering the period of detention as well as the fact that the
applicant was allegedly reached on the spot at a later stage, but 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) 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.
Certified copy as per rules.
(G.S. AHLUWALIA)
JUDGE
Abhi
ABHISHEK
CHATURVEDI
2022.06.28
20:21:52 +05'30'
