Yogesh Yadav vs The State Of Madhya Pradesh
2025 Latest Caselaw 2690 MP

Madhya Pradesh High Court

Yogesh Yadav vs The State Of Madhya Pradesh on 4 August, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

1 CRA-5328-2025 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5328 of 2025 (YOGESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )

Dated : 04-08-2025 Shri Ashish Sinha - Advocate for the appellants. Shri Manas Mani Verma - Government Advocate for the State of M.P.

Heard on I.A.No.13392 of 2025 , which is first application under Section 430 (1) of B.N.S.S. (under Section 389 of Cr.P.C. ) for suspension of

sentence and grant of bail.

This appeal is filed being aggrieved of judgment dated 6.05.2025 passed in S.C. No.34 of 2021 by learned Additional Sessions Judge, Bairasiya, District Bhopal, (M.P.), whereby appellant nos. 1 and 2 have been convicted and sentenced in the following manners:-

Appellant no. 1:-

                            Conviction                             S e n t e n ce
                            Section          Act           Imprisonment        Fine if      Imprisonment
                                                           fine                deposited    in lieu of Fine
                                                                               details
                            342              IPC           R.I. for one        Rs.500/-     R.I. for 15
                                                           year                             days
                            366 (Ka)         IPC           R.I. for five       Rs.2000/-    R.I. for six
                                                           years                            months
                            376 (3)/109      IPC           R.I. for twenty     Rs.3000/-    R.I. for one
                                                           years                            year.
                            5(L)/6           POCSO         R.I. for 20         Rs.3000/-    R.I. for one
                                                           years                            year






                                                              2                              CRA-5328-2025

                                   Appellant no.2 :-

                            Conviction                           S e n t e n ce
                            Section           Act        Imprisonment        Fine if     Imprisonment
                                                         fine                deposited   in lieu of Fine
                                                                             details
                            363               IPC        R.I. for three      Rs.1000/-   R.I. for one
                                                         years                           month
                            366 (Ka)          IPC        R.I. for five       Rs.2000/-   R.I. for six
                                                         years                           months
                            376 (3)/109       IPC        R.I. for 20         Rs.3000/-   R.I. for one
                                                         years                           year.
                            5(L)/6            POCSO      R.I. for 20         Rs.3000/-   R.I. for one
                                                         years                           year

It is submitted that the appellant nos. 1 and 2 namely Yogesh Yadav and Suraj Yadav have been convicted with the aid of Section 109 of IPC whereas in her statement under Section 164 of Cr.P.C. (Ex.P-2), the victim has clearly stated that she had gone with him on her own volition as she wanted to marry Santosh but her marriage could not be performed as she was underage. It is further submitted that element of Section 107 r/w Section 109 of IPC are not made out. There are good chances of success. DNA of Santosh Silawat is positive and there are no allegations of violation of privacy on either of the appellants Yogesh or Suraj.

Taking these facts into consideration and without commenting on merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the appellant and release him on bail.

Accordingly, I.A.No.13392 of 2025 is allowed.

It is directed that on depositing of fine amount, if not already

3 CRA-5328-2025

deposited and on furnishing personal bond to the tune of Rs.50,000/-

(Rupees Fifty Thousand Only) each with two sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 15/10/2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellants shall remain suspended and they be released on bail till final disposal of this appeal.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                          (AVANINDRA KUMAR SINGH)
                                      JUDGE                                        JUDGE
                           bks