VEERU MEENA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-22. VEERU MEENA 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 SHRI JUSTICE SANJEEV S KALGAONKAR nd ON THE 22 OF JANUARY, 2024 MISCELLANEOUS CRIMINAL CASE No. 46866 of 2023 BETWEEN:- VEERU MEENA S/O KALURAM MEENA, AGED ABOUT 32 YEARS, RESIDENT OF GRAM BALABARKHEDA POLICE CHOWKI KHAMKHEDA POLICE THANA KARARIYA DISTRICT VIDISHA (MADHYA PRADESH) ..... APPLICANT (SHRI RAVI RAHUL - ADVOCATE FOR THE APPLICANT) AND 1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA KARARIYA DISTRICT VIDISHA (MADHYA PRADESH) 2. PROSECUTRIX THROUGH POLICE THANA KAR AR IYA DISTRICT VIDISHA (MADHYA PRADESH) ..... RESPONDENT ( SHRI R. K. AWASTHI - PUBLIC PROSECUTOR FOR THE RESPONDENT-STATE) This application coming on for HEARING this day, th e court passed the following: ORDER This second bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.
189/2023 registered at Police Station Karariya, Signature Not Verified Signed by: PRACHI MISHRA Signing time: 23-Jan-24 10:36:54 AM District Vidisha (M. P. ) for offence punishable under Sections 452, 376, 376(2)(n) of the IPC, Section 3/4 of the POCSO Act and Sections 3(i)(w) (ii), 3(2)(v) and 3(2)(va) of the SC/ST Act. The applicant is in judicial custody since 04/08/2023. Earlier first bail application was dismissed as withdrawn vide order dated 19/09/2023 passed in M. Cr. C. No. 37858/2023. As per the case of prosecution, victim, aged around 17 years and two months reported to SHO, Women Police Station, Vidisha that on 02/08/2023 around 11. 30 in the morning, she was alone at her home. Veeru Meena (applicant) entered her house and closed the door. Veeru Meena committed rape on her and fled away. She was weeping. Her mother enquired from her. She narrated the incident to her mother. Thereafter, she has come to lodge the report alongwith her mother.
On such allegations, Police Station Karariya, District Vidisha (M. P. ) registered FIR at Crime No. 189/2023 for the offence punishable under Sections 452, 376, 376(2) (n) of the IPC, Section 3/4 of the POCSO Act and Sections 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST Act. Victim was forwarded for medico-legal examination. Statements of victim under Section 161 and 164 of the Cr. P. C were recorded. Applicant was arrested on 04/08/2023, he is in custody ever since. Source samples of DNA were collected. On completion of investigation, final report was submitted on 04/09/2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in this matter due to previous animosity between the family Signature Not Verified Signed by: PRACHI MISHRA Signing time: 23-Jan-24 10:36:54 AM members.
Learned counsel referring to DNA report dated 15/01/2024 submits that DNA profile taken from source material of victim does not match with DNA profile taken from source material of applicant. It shows that applicant has falsely been implicated in this matter. Applicant is an agriculturist and resident of Village Balabarkheda, District Vidisha (M. P. ). There is no likelihood of his absconsion leaving his family, home and agricultural field. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with the evidence by the applicant, as both the parties belong to same socio-economic status. Trial would take time to conclude. Therefore, applicant may be extended the benefit of bail. P e r contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant VEERU MEENA shall be released on bail in relation to Crime No. 189/2023 registered at Police Station Karariya, District Vidisha (M. P. ) for offence punishable under Sections 452, 376, 376(2)(n) of the IPC, Section 3/4 of the POCSO Act and Sections 3(i)(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs.
Fifty Thousand Only) with one solvent surety of the same amount to the Signature Not Verified Signed by: PRACHI MISHRA Signing time: 23-Jan-24 10:36:54 AM satisfaction of the Trial Court, for compliance with the following conditions, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses Signature Not Verified Signed by: PRACHI MISHRA Signing time: 23-Jan-24 10:36:54 AM in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 23-Jan-24 10:36:54 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.