SURAJ SAMADHIYA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-02. SURAJ SAMADHIYA 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 nd ON THE 2 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 57322 of 2023 BETWEEN:- SURAJ SAMADHIYA S/O SHRI RATTILAL SAMADHIYA, AGED ABOUT 24 YEARS, OCCUPATION: LABOUR RAJPURA POLICE STATION GOHAD DISTRICT BHIND MP (MADHYA PRADESH) ..... APPLICANT (BY MR. NAVAL KISHOR GUPTA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION GOHAD DISTRICT BHIND MP (MADHYA PRADESH) 2. PROSECUTRIX X THROUGH POLICE STATION GOHAD DIST. BHIND (MADHYA PRADESH) ..... RESPONDENTS (MR. RAJEEV UPADYYAY - PUBLIC PROSECUTOR FOR RESPONDENT NO. 1 - STATE) This application coming on for admission this day, the court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the CrPC for grant of bail relating to FIR No. 332 of 2023 registered at Police Station Gohad, District Bhind (M. P.
) for the offence under Sections 363, 366, 376 (2) (n), 109, 366-A, 376 and 34 of IPC and Section 5/6 of POCSO Act. Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. No role of sexual assault has been attributed to the Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/2/2024 09:57:35 PM applicant. There are material variations in the statements of the prosecutrix recorded under Sections 161 and 164 CrPC. It is further argued that co-accused Ankush has already been granted bail by this Court by order dated 21. 12. 2023 passed in MCRC No. 56183 of 2023. Further argument is that applicant is in custody since 07. 12. 2023. Applicant is having no criminal history and is the permanent resident of District Bhind (M. P. ) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.
O n the other hand, learned State counsel 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. 50,000 (Rupees Fifty 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 disclosing such facts to the Court or to the Police Officer, as the case may be; Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/2/2024 09:57:35 PM 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 AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/2/2024 09:57:35 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.