Shibbu @ Shivnarayan vs The State Of Madhya Pradesh
2022 Latest Caselaw 3910 MP

                                                                           1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                       BEFORE
                                                      HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                 ON THE 22nd OF MARCH, 2022

                                                       MISC. CRIMINAL CASE No. 13119 of 2022

                                               Between:-
                                               SHIBBU @ SHIVNARAYAN S/O SHRI KOMAL
                                               RAJAK, AGED ABOUT 30 YEARS, OCCUPATION:
                                               LABOUR R/O MAHRONI, P.S. AND TEHSIL
                                               MAHRONI,   DISTRICT  LALITPUR    (UTTAR
                                               PRADESH)

                                                                                                          .....APPLICANT
                                               (BY SHRI R.K. TRIPATHI, ADVOCATE)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               POLICE STATION  BALDEOGARH DISTRICT
                                               TIKAMGARH (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                               (BY SHRI PANKAJ TIWARI, 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 firs t application filed under section 439 Cr.P.C. Applicant Shibbu @ Shivnarayan was arrested on 11.02.2022 in Crime No.461/2017 registered at Police Station Baldeogarh, District Tikamgarh for the offence punishable under Sections 363, 366, 376(D), 323, 506 of IPC, Section 3/4 of POCSO Act, Section 4 of Termination of Pregnancy Act.

As per the prosecution case, the prosecutrix, who is a 14 years 3 months old minor girl was kidnapped from the lawful guardianship of her father and was taken to Indore, where she was kept in a rented house by co-accused Babu Rajak. Co-accused Babu Rajak also raped her for a period of 9 months, as a result, she conceived. Thereafter, he gave her certain drugs to induce abortion. The role that has been ascribed to the co-accused Dayaram @ Dayali Rajak is that he is the brother of the main accused Babu Rajak and he and his brother i.e., applicant Signature Not Verified SAN

Shibbu @ Shivnarayan used to keep a watch on the house and would not allow the Digitally signed by RANJEET AHIRWAL Date: 2022.03.22 16:54:14 IST

prosecutrix to leave the same. They also used to threatened to kill her and beat her;

as such, he actively participated in detention of the prosecutrix in aforesaid house.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Similarly placed co-accused Dayaram @ Dayali Rajak was granted bail by the coordinate Bench of this Court vide order

dated 01.11.2017 passed in M.Cr.C. No.18443/2017. Even against that co-accused trial court has passed the judgment of acquittal. The applicant has been in custody since 11.02.2022 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that applicant was absconding. For the first time police arrested the applicant on 11.02.2022. It is further alleged that co-accused Babu Rajak sexually exploited the prosecutrix who was minor and applicant was also involved in the crime. So, he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that there is no allegation against the applicant that applicant committed rape with the prosecutrix or he abducted the prosecutrix, applicant is in custody since 11.02.2022 and conclusion of trial will take time, without commenting on the 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 one surety in the like amount to the satisfaction of the concerned C.J.M/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 Signature Not Verified SAN from disclosing such facts to the Court or to the Police Officer, as the case may Digitally signed by RANJEET AHIRWAL Date: 2022.03.22 16:54:14 IST be;

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.

(RAJEEV KUMAR DUBEY) JUDGE (ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.03.22 16:54:14 IST