SANDEEP SHARMA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-01. SANDEEP SHARMA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV st ON THE 1 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3264 of 2024 BETWEEN:- SANDEEP SHARMA S/O SHRI RAMESH SHARMA, AGED ABOUT 29 YEARS, JAGRITI NAGAR LASHKAR GWALIOR (MADHYA PRADESH) ..... APPLICANT (BY SHRI VIKASH BARUA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION JANAKGANJ GWALIOR (MADHYA PRADESH) 2. PROSECUTRIX THROUGH ITS GUARDIAN AGE ABOUT 14YEARS R/O JAGRITI NAGAR, LASHKAR, GWALIOR (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI APS TOMAR - PUBLIC PROSECUTOR) This application coming on for admission this day, the court passed the following: ORDER This is first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to Crime No. 485 of 2023 registered at Police Station Janakganj, District Gwalior (M. P. ) for the offence under Sections 363, 366-A, 376, 376(2)(n), 376(3) of IPC & Sections 3/4, 5L/6 of POCSO Act.
Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated which is evident from the fact the prosecutrix in Signature Not Verified Signed by: VIPIN KUMAR Signing time: 02-02-2024 10:08:16 AM her statement recorded u/s. 164 of Cr. P. C. has not supported the case of prosecution about her alleged abduction and sexual assault by applicant/accused even in her court statement recorded on 24. 01. 2024, she has not supported the case of prosecution and turned hostile and clearly stated that she gave her statement on her own will earlier recorded u/S. 164 of Cr. P. C. The applicant is i n custody since 25. 08. 2023. The applicant has no criminal antecedents and he is permanent resident of District Gwalior (M. P. ) and there is n o possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) 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/her from Signature Not Verified Signed by: VIPIN KUMAR Signing time: 02-02-2024 10:08:16 AM disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicant shall not commit an offence similar to the offence of which he/she is accused; 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR Signing time: 02-02-2024 10:08:16 AM
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.