Krishnakumar Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 9867 MP

                                                           1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                      HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                ON THE 30 th OF JUNE, 2023
                                        MISC. CRIMINAL CASE No. 26560 of 2023

                         BETWEEN:-
                         KRISHNAKUMAR VISHWAKARMA S/O BADRIPRASSAD
                         VISHWAKARMA, AGED ABOUT 21 YEARS, SHYAM
                         NAGAR WARD NO. 18 BEGUMGANJ DISTRICT- RAISEN
                         (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI SIDHANT KOCHAR- ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                               BEGUMGANJ DISTRICT- RAISEN (MADHYA
                               PRADESH)

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

                                                                                     .....RESPONDENTS
                         (BY SHRI SATYAPAL CHADAR- PANEL LAWYER AND SHRI SOURABH
                         SINGH THAKUR- ADVOCATE FOR THE OBJECTOR)

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

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.47/2023 dated 06.02.2023 registered at Police Station Begumganj, District- Raisen for the offences punishable under Sections 363, 366, 376(2)(n) and & 376 (3) of IPC and section 5(l)/(6) of POCSO Act.

Signature Not Verified

2. Learned counsel for the applicant has submitted that applicant is Signed by: RAVIKANT KEWAT Signing time: 7/3/2023 3:26:26 PM

innocent and has been falsely implicated in the crime in question. The applicant is in custody since 01.04.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district Raisen and there is no likelihood of his absconding from the clutches of law or tamper with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court. Upon these grounds, the applicant may be released on bail.

3. Learned counsel for the State and the Objector have opposed the bail application.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, the prosecutrix age was less than 15 years when she went missing. Later on she was traced and her statements u/s 161 and 164 were recorded. FSL report is found postive regarding vaginal slides etc. DNA report is still awaited. It is claimed that the prosecutrix was in love relationship with the applicant, therefore, in the light of consensual relationship bail should be granted to the applicant. In support of his submission, learned counsel for the applicant has relied upon the judgments passed by the Bombay High Court in the case of Sunil Mahadev Patil Vs. State of Maharashtra in Bail Application No.1036/2015 dated 03.08.2015 reported in ABC 2016(I) 34 BOM, and judgment passed by the Delhi High Court in the case of Through Mr. Omkar Sharma Vs. State Government NCT of Delhi and Another in Bail Application No.2729/2022 dated 20.10.2022.

6. Looking to the age of prosecutrix, her consent is of no legal Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 7/3/2023 3:26:26 PM

relevance and considering the overall facts and circumstances of the case, this Court is not inclined to grant bail and, therefore, the application is dismissed.

(ANURADHA SHUKLA) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 7/3/2023 3:26:26 PM