Aman Barman vs The State Of Madhya Pradesh
2024 Latest Caselaw 16509 MP

Citation : 2024 Latest Caselaw 16509 MP
Judgement Date : 3 June, 2024

Madhya Pradesh High Court

Aman Barman vs The State Of Madhya Pradesh on 3 June, 2024

                                                           1                           MCRC-23265-2024
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK JAIN
                                                 ON THE 3 rd OF JUNE, 2024
                                        MISC. CRIMINAL CASE No. 23265 of 2024

                          BETWEEN:-
                          AMAN BARMAN S/O RAJESH BARMAN, AGED ABOUT
                          22  YEARS, OCCUPATION: PRIVATE JOB VILLAGE
                          DEDARPUR INFRONT OF PANCHAYAT BUILDING
                          POLICE STATION KINDRAI TEHSIL AND DISTRICT
                          SEONI (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI DURGESH SINGRORE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION MANDLA DISTRICT MANDLA (MADHYA
                          PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI PRADEEP DWIVEDI - PANEL LAWYER)

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

This is the first bail application filed under Section 439 of Cr.P.C. on behalf of applicant for grant of regular bail relating to FIR No.315/2024, registered at Police Station Mandla District Mandla (M.P.) for the offences punishable under Sections 363, 366, 376(2)(N) of the IPC and Sections 5L, 6 of the POCSO Act.

2. Learned counsel for applicant submitted that applicant is a young man of 22 years of age. He is in custody since 16.05.2024. He does not have any criminal record. As per prosecution version, prosecutrix and applicant are of

2 MCRC-23265-2024

nearly the same age group. As per FIR as well as statement of prosecutrix under section 164 of the Cr.P.C., on 05.04.2022 and on 12.01.2023, applicant has made physical relationship with prosecutrix under pretext of marriage with her. Later on, he refused to marry the prosecutrix. Looking to the prosecution version itself, the applicant and prosecutrix were in emotional proximately to each other. Counsel for applicant has placed reliance upon the judgments passed by Apex Court in cases of Dhruvaran Murlidhar Sonar Vs. State of Maharashtra, AIR 2019 SC 327, Pramod Suryabhan Pawar Vs. State of Maharashtra, AIR 2019 SC 4010 and Ansaar Mohammad Vs. State of Rajasthan, 2022 SCC Online SC 886. It is further argued that so far as age

of the prosecutrix is concerned, on the date of incident, she was aged about 17 years and 10 months. FIR has been lodged on 15.05.2024, whereas incident is said to have been taken place in the months of April, 2022 and January, 2023 i.e. one and half years prior to registration of FIR. So far as age of prosecutrix being below 18 is concerned, date of incident as stated by the prosecutrix is 05.04.2022 only to bring the case within the purview of POCSO Act.

3. Per contra, learned Panel Lawyer appearing for the respondent/State opposed the bail application and prayed for dismissal of the application.

4. Heard the counsel for the parties at length and perused the case diary.

5. Considering aforesaid circumstances, bail application filed by the applicant is allowed. It is directed that applicant shall be released on bail on furnishing personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard.

3 MCRC-23265-2024

6. This order shall remain operative subject to compliance of following stringent conditions by the applicant,:-

a. The applicant will comply with all the terms and conditions of the bond executed by him;

b . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer as the case may be;

c. The applicant will cooperate in the trial and he shall not commit an offence similar to the offence of which he is accused;

d. The applicant will not seek unnecessary adjournments during the trial;

e. The applicant will not leave India without previous permission of the trial Court/Investigating Officer as the case may be;

f. The applicant shall not move in the vicinity/ village of complainant party where he resides in any manner;

g Applicant shall not try to contact the complainant party in person or through any digital/electronic media otherwise, benefit of bail shall immediately be withdrawn;