Suraj Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 3790 MP

                                                                            1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                        BEFORE
                                                       HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                  ON THE 16th OF MARCH, 2022

                                                        MISC. CRIMINAL CASE No. 2387 of 2022

                                               Between:-
                                               SURAJ BALMIK S/O SHRI SANTOSH BALMIK,
                                               AGED ABOUT 27 YEARS, OCCUPATION: LABOUR
                                               R/O VILLAGE POURADHAR P.S. RAMNAGAR,
                                               TEHSIL KOTMA, DISTRICT- ANUPPUR (MADHYA
                                               PRADESH)

                                                                                                         .....APPLICANT
                                               (BY SHRI SHAILENDRA SINGH, ADVOCATE)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               POLICE  STATION    RAMNAGAR   DISTRICT-
                                               ANUPPUR M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                               (BY SHRI ABHAY RAJ SINGH CHOUHAN, PANEL LAWYER)

                                            This M.Cr.C. coming on for admission this day, the court passed the
                                      following:
                                                                                ORDER

Heard with the aid of case diary.

This is the first application under Section 439 of Cr.P.C for grant of bail. The applicant Suraj Balmik was arrested on 02.11.2021 in connection with Crime No.286/2021 registered at Police Station Ramnagar Distt. Anuppur (M.P.) for the offence punishable under Section 363, 366-A, 376, 376(2)(N) of IPC and Section 5/6 of POCSO Act.

A s per the prosecution case, on 28.08.2021 applicant abducted the prosecutrix who was minor and took her to Indore where he kept her in a rented house and sexually exploited her on the pretext of marriage.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Prosecutrix was major and went with the applicant on her own will. Charge sheet has been filed. The applicant has been in custody since 02.11.2021 and conclusion of trial will take time, hence it is prayed Signature Not Verified SAN

that the applicant be released on bail.

Digitally signed by RANJEET AHIRWAL Date: 2022.03.16 16:14:42 IST

Learned counsel for the State opposed the prayer and submitted that one

other offence is also registered against the applicant, so he should not be released on bail.

In reply, learned counsel for the applicant submitted that in that case applicant has been acquitted by the learned trial court. In this regard, he also filed

copy of the judgment passed by First Additional Sessions Judge, Kotma, District Anuppur in S.T.No.120/2016.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that charge sheet has been filed, applicant is in custody since 02.11.2021 and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

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

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.03.16 16:14:42 IST

(RAJEEV KUMAR DUBEY)

JUDGE (ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.03.16 16:14:42 IST