Pawan vs The State Of Madhya Pradesh
2023 Latest Caselaw 824 MP

                                                             1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                ON THE 13 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 1886 of 2023

                          BETWEEN:-
                          PAWAN S/O RAJENDRA RAGHUWANSHI, AGED ABOUT
                          26 YEARS, OCCUPATION: PRIVATE WORK VILLAGE
                          SAJHPANI POLICE STATION AND TEHSIL CHOURAI
                          DISTRICT CHHINDWARA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI ARPAN SHRIVASTAVA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THORUGH
                                POLICE STATION LAKHANWARA DISTRICT SEONI
                                (MADHYA PRADESH)

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

                                                                                     .....RESPONDENTS
                          (RESPONDENT No. 1 BY SHRI C.K. MISHRA - GOVERNMENT ADVOCATE )
                          (NONE FOR RESPONDENT No.2 THOUGH SERVED)

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

                          following:
                                                             ORDER

T his is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

The applicant has been implicated in connection with Crime No.330/2018, registered at Police Station - Lakhanwara, District - Seoni (M.P.) for offences punishable under Sections 363, 366, 366A, 376, 376(2)(i), 376(2)

(n), 506, 342, 34 of IPC R/w Section 4 of POCSO Act and Section 3(2)(5), Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/16/2023 1:22:42 PM

3(1)(i) of Atrocity Act. The applicant is in custody since 10.12.2022.

As per prosecution case, the allegation against the present applicant is that on 06.12.2018 the prosecutrix who was time being minor eloped with Neelesh @ Neelu on being missing of daughter her mother lodged missing report, subsequent thereto alleged offfence were registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. It is further submitted that the main accused namely Neelesh @ Neelu has been acquitted by the trial Court vide judgment dated 27.07.2022 passed in SC ATR No. 63/2020 holding that the prosecutrix is major. Applicant has no criminal antecedent. The applicant is

in custody since 10.12.2022. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail.

Learned Government Advocate for the respondent/State, on the other hand, has opposed the prayer and prays for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/16/2023 1:22:42 PM

The M.Cr.C. stands allowed and disposed of. Certified Copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/16/2023 1:22:42 PM