Jagdeesh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3559 MP

                                                                             1
                                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                           BEFORE
                                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                   ON THE 14th OF MARCH, 2022

                                                         MISC. CRIMINAL CASE No. 11921 of 2022

                                                 Between:-
                                                 JAGDEESH SINGH S/O CHAMARU SINGH, AGED
                                                 ABOUT   32  YEARS, OCCUPATION: TEACHER
                                                 VILLAGE MARDARI, P.S.MANPUR, DIST.UMARIYA
                                                 (MADHYA PRADESH)

                                                                                                           .....PETITIONER
                                                 (BY SHRI BHOLE NATH SHARMA, ADVOCATE)

                                                 AND

                                                 THE STATE OF MADHYA PRADESH THROUGH
                                                 P.S.UMARIYA P.S.UMARIYA (MADHYA PRADESH)

                                                                                                         .....RESPONDENTS
                                                 (BY SHRI ALOK AGNIHOTRI, DEPUTY GOVERNMENT ADVOCATE)

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

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier application was dismissed as withdrawn vide

order dated 07.01.2022 passed in M.Cr.C.No.56158/2021.

The applicant has been arrested on 29.09.2021 by Police Station Umariya, District Umariya in connection with Crime No.470/2021 for the offence punishable under Sections 376 (2)(ch), 376 (2) (n), 323 and 506 of Indian Penal Code and Sections 3/4, 5 L, 5F/6 of Protection of Children From Sexual Offences Act, 2012.

It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted that the applicant is working as a Guest Faculty. It is pointed out that on similar set of allegations on earlier occasion a complaint was made in C.M. Helpline, which was subsequently withdrawn and the same is clearly reflected from the statement of father of the victim. Thereafter, the present complaint has been made alleging that from January, Signature Not Verified SAN

2020 the applicant has called the victim and has committed rape with her. The Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.03.15 16:28:20 IST complaint of the aforesaid incident was made after a considerable delay. There is

no explanation that why the earlier complaint in C.M. Helpline on similar facts was withdrawn. As far as the other criminal case registered against the applicant, he has already been acquitted in that case vide judgment dated 18.02.2022 in Sessions Trial No.53/2017 (State of M.P. Vs. Jagdish Singh Gond). It is further submitted

that the investigation is over and the charge-sheet been filed in the matter. The applicant is in custody since 29.09.2021. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that the victim is minor aged about 17 years and 2 months as per records. There are specific allegation of committing rape but there is no justification why the earlier complaint on the same set of facts was withdrawn which is categorically reflected in the statement of the father of the victim. He is having a criminal past of similar nature of offence, but he could not dispute the fact that the applicant has already been acquitted.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

This order will remain operative subject to compliance of the following conditions by the applicant :-

Signature Not Verified SAN 1. The applicant will comply with all the terms and conditions of the bond Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.03.15 16:28:20 IST executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7 . The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.03.15 16:28:20 IST