MAHESH @ DANT SIKARWAR v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-23. MAHESH @ DANT SIKARWAR 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 rd ON THE 23 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 56935 of 2023 BETWEEN:- MAHESH @ DANT SIKARWAR S/O LATE SHRI RAMESHWAR SINGH, AGED ABOUT 55 YEARS, OCCUPATION: KRASHAK GRAM UTTAMPURA DISTRICT MORENA MP (MADHYA PRADESH) ..... APPLICANT (SHRI RAJU SINGH SIKARWAR, LEARNED COUNSEL), AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA DEVGARH DISTRICT MORENA MP (MADHYA PRADESH) ..... RESPONDENTS (SHRI PRAMOD KUMAR PACHORI, LEARNED PP), This application coming on for HEARING this day, th e 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. 18 of 2023 registered at Police Station Devgarh District Morena (M. P. ) for offence punishable under Sections 376, 341, 323 of IPC. Applicant is in judicial custody since 28-08-2023.
A s per the case of prosecution, prosecutrix, aged around 35 years, reported to Sub Inspector Arti Rathore of PS Civil Lines that on 15. 02. 2023 around 7 in the evening, she was returning home after collection of Bajra. Signature Not Verified Signed by: RAM KUMAR Signing time: 24/01/2024 10:38:15 AM Accused Mahesh (applicant) met her on way. Accused pushed her in the field of Mustard and manhandled her. She sustained injuries in both the hands, lips and abdomen. Thereafter, Mahesh committed rape on her and fled away. She informed her Sister-in-law and came to report along with her. On such information, PS Devgarh registered FIR at Crime No. 18 of 2023 for offence punishable U/s 376, 341 and 323 of IPC Prosecutrix was forwarded for medico-legal examination. Injuries of contusion and abrasions were found on her person. Statement of prosecutrix was recorded U/s 161 and 164 of Cr. P. C. Statements of other witnesses have been recorded. Applicant was arrested on 28. 08. 2023.
He is in custody ever since. On completion of investigation, Final Report was submitted on 27-10-2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Minor scuffle between the parties was aggravated to false allegation of rape against the applicant due to political rivalry between the parties. Learned counsel referring to the DNA report dated 31. 10. 2023, submits that the DNA profile found in the source material of the prosecutrix does not match with the DNA profile found in source material of the applicant which goes to show that allegation of rape against the applicant is false. Learned counsel submits that the applicant is 55 years. He is agriculturist by profession. He has a family to look after. There is no likelihood of his absconsion leaving his family and agricultural field. There is no likelihood of tampering with evidence by the applicant.
Trial would take time to conclude. Therefore, applicant may also be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and cites criminal history of two cases Signature Not Verified Signed by: RAM KUMAR Signing time: 24/01/2024 10:38:15 AM against the applicant. In reply, learned counsel for the applicant submits that other two cases relate to minor offences. Applicant was extended benefit of bail in other matters. He has never been convicted. 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 Mahesh alias Dant Sikarwar shall be released on bail in connection with No.
18 of 2023 registered at Police Station Devgarh District Morena (M. P. ) for offence punishable under Sections 376, 341, 323 of IPC, upon furnishing a personal bond in the sum of Rs.
50,000/- (Rupees fifty thousand only) with one 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 Signature Not Verified Signed by: RAM KUMAR Signing time: 24/01/2024 10:38:15 AM dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdjz.
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 applicants 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, it shall become ineffective without reference to the Court.
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 Rks Signature Not Verified Signed by: RAM KUMAR Signing time: 24/01/2024 10:38:15 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.