Ritik @ Ritesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12665 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 21st OF SEPTEMBER, 2022

       MISCELLANEOUS CRIMINAL CASE No. 44964 of 2022

        BETWEEN:-
        RITIK @ RITESH S/O SHRI KELASH AHIRWAR,
        AGED: 20 YEARS, R/O: VILLAGE KANJANA,
        BASODA,   DISTRICT    VIDISHA   (MADHYA
        PRADESH)

                                                               .....APPLICANT
        (SHRI ANSHU GUPTA- ADVOCATE)

        AND
        STATE OF MADHYA PRADESH THROUGH
        POLICE DEHAT BASODA, DISTRICT- VIDISHA
        (MADHYA PRADESH)

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

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

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First application of the applicant was dismissed as withdrawn by order dated 01/07/2022 passed in MCRC No.30580/2022.

The applicant has been arrested on 17/01/2022 in connection with Crime No.26/2022 registered at Police Station Dehat Basoda, District Vidisha for offence under Sections 323, 376(D) and 34 of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and in her evidence, she had identified co-accused Arvind only

and did not identify the applicant. The applicant was not named in the FIR or in her statement under Section 161 of Cr.P.C., but he was implicated in her supplementary statement. In her evidence, the prosecutrix has admitted in paragraph 10 of her cross-examination that she had demanded Rs.5,00,000/- from co-accused Arvind for entering into a compromise and since, the said amount was not paid, therefore, the FIR was lodged. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the FSL report has not been received so far.

Considering the submissions made by the counsel for the parties and 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.

    PRINCEE BARAIYA
    2022.09.21
                                                           (G.S. AHLUWALIA)
    16:50:57 -07'00'                                             JUDGE

Pj'S/-