Ravindra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12420 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 16th OF SEPTEMBER, 2022

               MISC. CRIMINAL CASE No. 43775 of 2022

        BETWEEN:-
        RAVINDRA SINGH S/O SHRI RAMNIWAS SINGH,
        AGED         31        YEARS, OCCUPATION:
        AGRICULTURIST, R/O VILLAGE SEHRANA P.S.
        CIVIL LINE TEHSIL AND DISTRICT MORENA

                                                               .....APPLICANT
        (BY SHRI RAJMANI BANSAL-ADVOCATE)

        AND
1.      STATE OF MADHYA PRADESH THROUGH
        POLICE STATION, PURANI CHAWANI DISTRICT
        GWALIOR (MADHYA PRADESH)

2.      PR OSECUTR IX THROUGH POLICE STATION
        PURANI CHAWANI DISTRICT GWALIOR

                                                            .....RESPONDENTS
        (SHRI C.P. SINGH-PANEL LAWYER FOR STATE)

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application of applicant was dismissed as withdrawn by order dated 05.08.2022 passed in M.Cr.C. No.36626/2022.

The applicant has been arrested on 03.10.2021 in connection with Crime No.223/2020 registered at Police Station Purani Chawani, District Gwalior for the offence under Sections 363, 373, 343, 354 of IPC and Section 3(1)(w), 3(2)

(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Section 5 of Immoral Traffic (Prevention) Act and 7/8 of POCSO Act.

It is submitted by counsel for the applicant that the prosecutrix has been examined and she has supported the prosecution case. The allegations are that the prosecutrix was kidnapped and was sleeping in a room. An attempt was made by the applicant to outrage her modesty. It is submitted that since the prosecutrix has been examined, therefore, now there is no possibility of pressurizing her. Although, the first application of applicant was dismissed on merits but looking to the period of detention, this application may be considered sympathetically. It is further submitted that applicant is in jail for the

last 11 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant had tried to outrage the modesty of minor prosecutrix while she was sleeping in the room.

Heard learned counsel for the parties.

Considering the nature of allegations as well as period of detention, 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 Aman AMAN TIWARI 2022.09.16 18:44:58 +05'30'