Umar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7682 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 10 th OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 9143 of 2023

                          BETWEEN:-
                          UMAR KHAN S/O ALIYAR KHAN, AGED ABOUT 20
                          YEAR S , GRAM DEDHTALAI DISTRICT BURHANPUR
                          (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI RAUNAK YADAV - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION  KHAKNAR    , DISTRICT
                                BURHANPUR (MADHYA PRADESH)

                          2.    VICTIM X

                                                                                    .....RESPONDENTS
                          (BY SHRI G.S. THAKUR - GOVT. ADVOCATE FOR RESPONDENT/STATE)

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

This is repeat (second) application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. First application, M.Cr.C. No. 61078/2022 was dismissed as withdrawn vide order dated 08.02.2023.

T h e applicant is in custody since 10.12.2022 in connection with FIR/Crime No.951/2022 registered at P.S. Khaknar, District Burhanpur for the offence punishable under Sections 354, 354(D) of I.P.C., Section 11/12 of POCSO Act and Section 67 of I.T.Act.

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/10/2023 4:21:55 PM

The allegation against the present applicant is that he sent vulgar photos and messages to the victim and also caught hold of her hand and sexually harassed her. It is further alleged that he used to stalked her when the victim goes to her college.

Learned counsel for the applicant submits that the applicant is under custody for five months now and all the offences alleged against him are punishable for less than seven years. It is prayed that in the light of judgments in the case of Satender Kumar Antil Vs. Central Burea of Investigation (2022) 10 SCC 51, Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, applicant may be enlarged on bail.

Learned counsel for the State has opposed the bail application, however he fairly submits that applicant has no criminal antecedents registered against him.

Considering that there is no criminal antecedents registered against him and applicant is remained under custody for five months now and in the light of Arnish Kumar (supra), this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

It is directed the applicant shall not appear in the vicinity of the complainant nor he would try to harass or force her in any manner. Applicant is also directed to appear before Police Station Khaknar, district Burhanpur and mark his presence on 1st and 15th day of every month. In case the applicant

Signature Not Verified misses out a single appearance, this bail order shall stand cancelled Signed by: SMT. GEETHA NAIR Signing time: 5/10/2023 4:21:55 PM

automatically, and the authority concerned will be at liberty to take him into custody.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE gn

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/10/2023 4:21:55 PM