Jiya Lal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6943 MP

                                                            1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 28 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 17534 of 2023

                         BETWEEN:-
                         JIYA LAL, S/O SHRI OMKAR, AGED ABOUT 22 YEARS,
                         OCCUPATION: LABOUR, R/O VILLAGE BASANTIPURA,
                         TEHSIL - BHIKANGAON DISTRICT - KHARGON
                         (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY SHRI AKASH SINGHAI - ADVOCATE)

                         AND
                         1.    STATE OF MADHYA PRADESH, THROUGH POLICE
                               STATION NEPANAGAR, DISTRICT-BURHANPUR
                               (MADHYA PRADESH)

                         2.    VICTIM A D/O NOT MENTION THROUGH P.S.
                               NEPANAGAR, DISTRICT (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (SHRI SANJEEV SINGH PARIHAR - ADVOCATE FOR RESPONDENT NO.1
                         SHRI KAMALNATH NAYAK - ADVOCATE FOR RESPONDENT NO.2)

                               This application coming on for admission this day, the Court passed

                         the following:
                                                             ORDER

This is the fourth bail application filed by the applicant under Section 439 of Cr.P.C for grant of bail relating to FIR No.16 of 2022 dated 04.01.2022 by Police Station Nepanagar, Disstrict Burhanpur (M.P.) for the offence under Sections 363, 366, 376 (2)(N) of the Indian Penal Code and Section 51/6 of Protection of Children From Sexual Offences Act. His earlier bail applications were dismissed by this Court.

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 5/3/2023 10:59:44 AM

T his repeat bail application has been filed on the ground that the complainant has given an affidavit with respect to no objection if the applicant is released on bail. He has placed reliance upon the judgment passed by the Coordinate Bench of this Court in the case of Saurabh Yadav Vs. The State of Madhya Pradesh and another (Misc. Criminal Case No.43209 of 2022, decided on 27.09.2022) considering the case of the applicant to be on similar facts and circumstances. It is submitted that the applicant is in custody since 10.02.2022. It is further submitted that the applicant is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State vehemently opposed the application stating that the age of the victim at the time of commission of offence was less than 18 years. She was admittedly a minor. The basic purpose for enactment of POCSO Act is to avoid the fact that the minor should not indulge into physical relationship prior to attaining majority. The consent of a minor is having no value.

A specific question was put to the counsel for the applicant is to provide the law with respect to the validity of the affidavit which has been given to which there is no response. The only argument is that under similar circumstances benefits have been extended to the similarly situated accused person. The applicant and complainant also decided to reside together.

Considering the overall facts and circumstances of the case and in absence of any justification and case law regarding the validity of the affidavit, this Court does not deem it appropriate to enlarge the applicant on bail.

The bail application is hereby rejected.

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 5/3/2023 10:59:44 AM

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 5/3/2023 10:59:44 AM