Bhagwan Singh vs State Of M.P.
2025 Latest Caselaw 6585 MP

Madhya Pradesh High Court

Bhagwan Singh vs State Of M.P. on 26 May, 2025

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                              1                         CRA-10329-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 10329 of 2024
                                                    (BHAGWAN SINGH Vs STATE OF M.P. )



                           Dated : 26-05-2025
                                 Shri Akash Rathi - Advocate for the appellant.
                                 Shri H.S Rathore - Government Advocate for the respondent/State .

Heard on I.A No.2249/2025, which is first application under Section 430 of the BNSS, 2023/ under Section 389(1) of the Cr.P.C., 1973 filed on behalf of the appellant- Bhagwan Singh.

2. The appellant has been convicted vide judgment dated 29.07.2024 passed in SC/118/2022 by Special Judge, POCSO Act, Rajgarh, District Rajgarh (M.P.) under Section 366 of the IPC and sentenced to imprisonment for 05 years R.I. with fine of Rs.2000/- and under Section 5(l)/6 of the POCSO Act, 2012 and sentenced to imprisonment for 20 years R.I. with fine of Rs.3000/- alongwith default stipulations respectively.

3. Prosecution story in brief is that the appellant abducted the prosecutrix on 22.08.2022 whereas she was recovered on 27.07.2022. In her statement recorded under Section 161 of the Cr.P.C.,1973 (Ex.D/1) in which

she has clearly stated that she liked the appellant and resided with him as wife. However, subsequently when she was given to the custody of her parents she alleged of rape against her by the appellant and finally the appellant has been convicted for the aforesaid act.

4. Learned counsel for the appellant submitted that the prosecutrix was a consenting party and her age has also not been proved positively. Although,

2 CRA-10329-2024 the learned judge of the trial Court has held the age of the prosecutrix as 16 years 08 months. Counsel for the appellant also submits that as per the defense witness Sajan Singh Rajput (DW-1) of the Child Welfare Committee the prosecutrix wanted to continue her studies, whereas her parents forcibly married her to some other person that is why she ran away from the house. The appellant is in jail from the date of his arrest and has completed jail incarceration for a period of 02 years and 08 months and prays that he may be released on bail.

5. Learned counsel for the respondent/State has opposed the prayer and prayed for rejection of the application.

6. Having considered the rival submissions, perusal of the record and the fact that the appeal is not likely to be heard at an early date, without

expressing any opinion on merits of the case, IA No.2249/2025 is allowed and it is directed that upon depositing fine amount, if not already deposited and on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his/her regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

7. The appellant after being enlarged on bail, shall mark his/her presence before the Registry of this Court on 09.09.2025 and on all such subsequent dates, as may be fixed by the Registry of this Court in this regard.

3 CRA-10329-2024

8. In light of judgment passed in case of Aparna Bhat Vs. State of Madhya Pradesh reported in LL 2021 SC 168 , copy of this order be sent to the victim.

Certified copy, as per rules.

                               (SUBODH ABHYANKAR)                           (GAJENDRA SINGH)
                                     V. JUDGE                                   V. JUDGE
                           akanksha