GOLU v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-10. GOLU 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 th ON THE 10 OF JANUARY, 2024 MISCELLANEOUS CRIMINAL CASE No. 57684 of 2023 BETWEEN:- GOLU S/O MITTHULAL, AGED ABOUT 19 YEARS, RESIDENT OF BANGLA CHAURAHA, TEHSIL MUNGAWALI, DISTRICT ASHOKNAGAR (MADHYA PRADESH) ..... APPLICANT (SHRI ADITYA SHARMA -ADVOCATE FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SIRONJ DISTRICT VIDISHA (MADHYA PRADESH) ..... RESPONDENT ( SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR FOR THE RESPONDENT-STATE) This application coming on for HEARING this day, the court passed the following: ORDER This first 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. 290/2023 registered at Police Station Sironj, District Vidisha (M. P. ) for offences punishable under Sections 363, 366, 343, 376(2)(n) of the IPC and Sections 5 and 6 of the POCSO Act.
The applicant is in judicial custody since 16/07/2023. As per the case of prosecution, mother of the prosecutrix submitted a missing person Report No. 52/23 with PS Sironj, District Vidisha on Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11-Jan-24 10:36:07 AM 13/07/2023 that her daughter, aged about 16 years and 6 months, is missing since 10. 00 am from 10/07/2023. Some unknown person has allured and taken her daughter. On such allegations, Police Station Sironj, District Vidisha registered FIR at Crime No. 290/2023 for offence punishable under Section 363 of the IPC. During course of investigation, prosecutrix was recovered on 15/07/2023 and her statements under Sections 161 and 164 of the Cr. P. C were recorded. She stated that she used to talk with her neighbor Golu (applicant). On 10/07/2023, she told her mother that she is going to pick up used bottles but she went to bus stand where she met Golu. He took her to some village.
They stayed in a hut where they got married. Golu forcefully committed sexual assault with her. Police arrived the hut and brought her back to Sironj. Applicant was arrested on 16/07/2023, he is in custody ever since. Thereafter, prosecution for offence punishable under Sections 366, 343 and 376(2)(n) of the IPC and Section 5/6 of the POCSO Act was added. After completion of investigation, final report was submitted on 26/09/2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is aged 18 years. It is a case of romantic relationship between two young persons. Applicant has falsely been implicated in this matter by the victim under pressure of her family. Applicant was not aware of minority of the victim and consequences of their acts. No criminal antecedent is reported against the applicant. There is no likelihood of his absconsion leaving his family and home.
Final report has been submitted, therefore, there is no likelihood of his tampering with the evidence. Jail incarceration is causing hardship to young applicant. The trial would take time to conclude. Therefore, applicant may be extended the benefit of bail. Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11-Jan-24 10:36:07 AM Per 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, regard being had to young age of the applicant, 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 GOLU shall be released on bail in relation to Crime No. 290/2023 registered at Police Station Sironj, District Vidisha (M. P.
) for offence punishable under Sections 363, 366, 343, 376(2)(n) of the IPC and Section 5 and 6 of the POCSO 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 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 Signature Not Verified Signed by: PRACHI MISHRA Signing time: 11-Jan-24 10:36:07 AM 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 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: 11-Jan-24 10:36:07 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.