Suresh Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 13899 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 28th OF OCTOBER, 2022

                                        MISC. CRIMINAL CASE No. 49320 of 2022

                                 BETWEEN:-
                                 SURESH PATEL S/O SHRI MAHESH PATEL, AGED
                                 ABOUT 27 YEARS, OCCUPATION: LABOUR R/O
                                 VILLAGE    JARAILA,    POLICE   STATION
                                 GOURIHAR, DISTRICT CHHATARPUR (MADHYA
                                 PRADESH)

                                                                                        .....PETITIONER
                                 (BY SHRI SUMANTA KUMAR BHATTACHARYA, ADVOCATE )

                                 AND
                         1.      THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION CIVIL LINES CIVIL LINES,
                                 DISTRICT SATNA (MADHYA PRADESH)

                         2.      VICTIM A D/O NOT MENTION NOT MENTION
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                 (BY SHRI S.M. PATEL, LEARNED PANEL LAWYER )

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

This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial. His first bail application was dismissed as withdrawn vide order dated 08.07.2022 passed in M.Cr.C. No.29700/2022.

The applicant is in custody since 15.07.2021 in connection with Crime No.317/2021, registered at P.S.-Civil Lines, District Satna (M.P.) for the offence punishable under Sections 363, 452, 344, 366-A, 376(2) (cha) (chha) Signature Not Verified Signed by: BIJU BABY Signing time:

10/29/2022 12:20:18 PM

506 of IPC and Section 5/6 of POCSO Act.

A s per prosecution case on 10/06/2021 at around 11:00 A.M. when prosecutrix, who was minor, was at her house located in village Bagha, District Satna, present applicant Suresh Patel along with the co-accused persons Anil Patel, Balram Patel and Jaysingh Patel came to prosecutrix's house and forcibly abducted her and took her to applicant's house, where co-accused Leela Patel and co-accused Mahesh Patel & Rakesh @ Rajesh Patel forced her to marry with applicant-accused Suresh Patel and also assaulted her. Thereafter, present applicant along with the co-accused persons Anil Patel, Balram Patel and Jaysingh Patel took the prosecutrix to Indore from Chhatarpur and then Surat,

where they kept her in a room from 16/06/2021 to 07/07/2021 and present applicant Suresh Patel committed rape with her during that period.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Co- accused persons have already been released on bail by this Court. It is further submitted that at the time of commission of offence prosecutrix was a major as her date of birth in certificate issued by the Principal of school is shown as 05.07.2001. In voter list too she has been shown as a major. It is submitted by learned counsel for the applicant that prosecutrix had gone with the applicant on her own and remained with him at Surat and other places and no complaint was made by her therefore she was a consenting party. Her date of birth 11.07.2004 as put forth by the prosecution is false and manufactured. Therefore, it has been prayed that applicant be released on bail pending the trial.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the present applicant/accused and has submitted that at the time of commission of offence prosecutrix was below 18 years of age as per Signature Not Verified Signed by: BIJU BABY Signing time:

10/29/2022 12:20:18 PM

her birth certificate available on record. Therefore, present applicant-accused be not released on bail.

On perusal of the record, it is revealed that prosecutrix has already been examined before the trial Court and she has not turned hostile. As far as the age of the prosecutrix is concerned, as per the birth certificate, at the time of commission of offence she was a minor. As per the certificate issued by the Principal she was a major. At the time of commission of offence she was major or minor has to be appreciated by the trial Court on the basis of evidence before it at the time of delivery of judgment while assessing the age of the prosecutrix. Therefore, no finding can be given at this juncture of bail by this Court whether at the time of commission of offence prosecutrix was minor or major. However, having taken into consideration the allegations made agaisnt the present applicant who is the key accused, this Court is not inclined to release him on bail. Therefore, this second bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant Suresh Patel is dismissed.

(DINESH KUMAR PALIWAL) JUDGE kundan

Signature Not Verified Signed by: BIJU BABY Signing time:

10/29/2022 12:20:18 PM