Madhya Pradesh High Court
Rohit vs The State Of Madhya Pradesh on 4 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-1213-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1213 of 2025
(ROHIT Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 04-08-2025
Appellant by Shri Akhilesh Kumar Saxena - Advocate.
Respondent No.1 - State of Madhya Pradesh by Shri Sudeep Bhargava
- Deputy Advocate General appearing on behalf of Advocate General.
Respondent No.2 - victim by Shri Javed Akhter - Advocate.
Heard on IA No.6391 of 2025 , first application under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 389 of Code of
Criminal Procedure, 1973) filed on behalf of appellant - Rohit S/o Sanjeev
Kumar Soni for grant of bail and suspension of remaining jail sentence.
The appellant stands convicted vide judgment dated 20.12.2024 passed
by the learned Special Judge [Protection of Children from Sexual Offences
Act, 2012], Rajgarh District Rajgarh (MP) in Special Session Trial bearing
No.SC/49/2023 under Section 354-C of the Indian Penal Code, 1860 (IPC),
under Section 5-L read with Section 6 of Protection of Children from Sexual
Offences Act, 2012 (POCSO Act), under Section 376 (2) (n) of IPC read
with Section 3 (2) (v) of Scheduled Caste & Scheduled Tribe (Prevention of
Atrocities) Act, 1989, under Section 67-A of Information Technology Act,
2000 (IT Act) and Section 66-E of the IT Act and sentenced respectively to
undergo rigorous imprisonment for a period of three years with fine of
Rs.1,000/-, twenty years with fine of Rs.5,000/-, imprisonment for life with
fine of Rs.5,000/-, three years with fine of Rs.5,000/- and one year with fine
2 CRA-1213-2025
of Rs.5,000/- along with default stipulations.
Heard and considered the rival submissions advanced on behalf of the
learned counsel appearing for the parties.
Criminal antecedents reported against the present appellant are as
under: -
1. Crime No.324 of 2019 registered at Police Station Biaora City,
District Rajgarh (MP) under Sections 363, 366 and 376 of IPC and also
under Section 3 (2) (v-a) of SC / ST (POA) Act, 1989 and also under
Sections 3 / 4 / 5 / 6 of POCSO Act;
2. Crime No.342 of 2019 registered at Police Station Biaora City,
District Rajgarh (MP) under Section 406 of IPC;
3. Crime No.188 of 2020 registered at Police Station Biaora City,
District Rajgarh (MP) under Sections 363 and 366 of IPC and also POCSO
Act (18);
4. Crime No.250 of 2020 registered at Police Station Biaora City,
District Rajgarh (MP) under Sections 380 and 457 of IPC;
5. Crime No.251 of 2020 registered at Police Station Biaora City,
District Rajgarh (MP) under Section 379 of IPC;
6. Crime No.18 of 2022 registered at Police Station Biaora City,
District Rajgarh (MP) under Sections 354, 354 (Gha) and 506 of IPC, under
Sections 3 (1) (w) (i) and 3 (2) (v-a) of SC / ST (POA) Act, 1989 and also
under Sections 11, 12, 7 and 8 of POCSO Act;
7. Crime No.22 of 2023 registered at Police Station Biaora City,
District Rajgarh (MP) under Sections 294 and 506 of IPC and also under
3 CRA-1213-2025
Sections 3 (1) (d), 3 (1) (dha) of of SC / ST (POA) Act, 1989 and also under
Sections 3 /4 and 5 / 6 of POCSO Act; and further Sections 376 and 376 (2)
of IPC, Sections 3 / 4 and 5 / 6 of POCSO Act and also under Section 67 of
IT Act were added; and
8. Crime No.64 of 2019 registered at Police Station Shajapur, District
Shajapur (MP) under Sections 363, 366 and 376 (2) of IPC and also under
Sections 3 (1) and 3 (2) (v-a) of SC / ST (POA) Act, 1989 and also under
Sections 5 / 6 of POCSO Act.
Apart from the allegations levelled and found proved against the
present appellant in this case, there are as many as eight cases registered
against him; and out of which, five cases are under Section 376 of IPC and
provisions of POCSO Act, therefore, this appellant (who is aged twenty
years) is continuously indulging into the activities of crime against the
women. Therefore, he is not entitled to be released on bail and grant of
suspension of jail sentence.
Accordingly, IA No.6391 of 2025 is dismissed.
IA No.11208 of 2025 , an application raising objection on behalf of
respondent No.2 - victim to IA No.6391 of 2025 , an application under
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 also stands
disposed off.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
