Nirbhay Singh @ Nabbu vs The State Of Madhya Pradesh
2023 Latest Caselaw 5754 MP

                                                 1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                             BEFORE
                                 HON'BLE SHRI JUSTICE ANIL VERMA
                                     ON THE 10 th OF APRIL, 2023
                                MISC. CRIMINAL CASE No. 12976 of 2023

              BETWEEN:-
              NIRBHAY SINGH @ NABBU S/O BHAGIRATH GURJAR,
              AGED ABOUT 55 YEARS,
              OCCUPATION: AGRICULTURE
              R/O:  VILLAGE   KHOKHRIYA,  MAXI,  DISTRICT
              SHAJAPUR (MADHYA PRADESH)

                                                                              .....APPLICANT
              (BY SHRI AVINASH KUMAR KHARE - ADVOCATE)

              AND
              1.      THE STATE OF MADHYA PRADESH STATION
                      HOUSE OFFICER
                      THROUGH P.S. MAXI, DISTRICT SHAJAPUR
                      (MADHYA PRADESH)

              2.      VICTIM X THROUGH POLICE STATION MAXI
                      DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                       .....NON APPLICANTS
              (SHRI RAHUL SOLANKI - GOVERNMENT ADVOCATE FOR NON
              APPLICANT NO.1/STATE)

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

Applicant has filed this third bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 22.11.2022 in connection with Crime No.354/2016 registered at P.S. - Maxi, District Shajapur (M.P.) for Signature Not Verified commission of offence punishable under Section 323, 294, 506, 366, 377, Signed by: TRILOK SINGH SAVNER 376(D), 120-B of IPC.

Signing time: 11-Apr-23 10:08:52 AM

As per the prosecution story, on 1.11.2016 prosecutrix went to her maternal home. At about 9 p.m. present applicant along with other co-accused persons came there and abused her in filthy language and also threatened her on the gun point and forcefully took her to Chainsingh's hut, where Nirbhay Singh and other co-accused persons one-by-one committed rape upon her. Thereafter she lodged an FIR. Accordingly offence has been registered.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 22.11.2022. His earlier bail application was dismissed as withdrawn. All other co-accused persons have been acquitted vide judgment dated 11.10.2017

passed by the 1st ASJ, Shajapur in S.T. No.80/2017. Thereafter prosecutrix and other 5 witnesses have been examined. Prosecutrix (PW-6) has turned hostile and did not state anything against the present applicant in respect of the aforesaid offence. Ramsingh (PW-1) and Pratap Singh (PW-2) have also turned hostile and they did not state anything against the present applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that prosecutrix (PW-6) has been turned hostile and she did not state anything against the present applicant in respect of the aforesaid Signature Not Verified Signed by: TRILOK SINGH SAVNER offence, prosecutrix is a major lady, other witnesses have also not supported Signing time: 11-Apr-23 10:08:52 AM the prosecution case, all other co-accused persons have been acquitted by the

trial Court vide judgment dated 11.10.2017 and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 11-Apr-23 10:08:52 AM