Rahul Dixit vs The State Of Madhya Pradesh
2023 Latest Caselaw 4269 MP

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 17 th OF MARCH, 2023
                                            MISC. CRIMINAL CASE No. 9958 of 2023

                          BETWEEN:-
                          RAHUL DIXIT S/O SHRI KANHALYALAL DIXIT, AGED
                          ABOUT 26 YEARS, OCCUPATION: AGRICULTURIST R/O
                          VILLAGE DALON POLICE SATION CIVIL LINE CHHATAR
                          PUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI ANOOP SAXENA - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CIVIL LINE DISTRICT CHHATARPUR
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI PRADEEP GUPTA - GOVT. ADVOCATE FOR RESPONDENT/
                          STATE.
                          SHRI D. K. SHUKLA - ADVOCATEFOR THE OBJECTOR.)

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

This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicant for grant of bail, pending the trial.

The applicant has been arrested in connection with Crime No.726/2022 o f Police Station Civil Line, District Chhatarpur for commission of offence under Sections 323, 324, 354, 458, 506/34 of IPC. He is in detention since 14.12.2022.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/17/2023 5:35:52 PM

As per the prosecution story, on 08.12.2022, prosecutrix lodged an FIR alleging that on 01.12.2022 at around 08:00 p.m. she was at her home. In the meantime, Rahul Dixit of the village along with her uncle Karan Singh trespassed into her house. She was alone and was cooking vegetables. Rahul use to tease her. Rahul attempted to caught hold her hand. When she attempted to release her hand from Rahul, he threw hot vegetables on her causing burn injuries on her both thighs. Karan Singh was telling that let there be a judgment as to who is right and who is wrong. Her uncle had beaten her by means of axe's handle and fists. They had abused her. When her mother came inside, her uncle and Rahul threatened her to do death. Next day, she was taken to District

Hospital Chhatarpur. After treatment, she had come to lodge the FIR. As per MLC report dated 08.12.2022, burn injuries were found over her left thigh, right ankle and scratch mark over sternum. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. After investigation, charge sheet has been filed. FIR has been lodged after an inordinate delay of seven days. Therefore, it has been prayed that the applicant be released on bail, pending the trial.

On the other hand, learned counsel for the State has opposed the grant of bail to the applicant.

Having taken into consideration all the facts and circumstances of the case and the fact that after investigation, charge sheet has been filed and trial of the case will take considerable time, I am inclined to release applicant-Rahul Dixit on bail. Consequently, this first bail application under Section 439 of the

Signature Not Verified Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands Signed by: DEEPA MISHRA Signing time: 3/17/2023 5:35:52 PM

allowed.

It is directed that applicant - Rahul Dixit 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/17/2023 5:35:52 PM