MONU BAGHEL v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. MONU BAGHEL 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 FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4665 of 2024 BETWEEN:- MONU BAGHEL S/O SHRI RAJENDRA BAGHEL, AGED ABOUT 20 YEARS, GRAM JAGGU KA PURA ETAWALI NAGAR KA PURA POLICE STATION SUMAWALI DISTT MORENA (MADHYA PRADESH) ..... APPLICANT (SHRI GIRDHAR GOPAL SHIVHARE, LEARNED COUNSEL FOR THE PETITIONER) . AND 1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION NOORABAD DISTRICT MORENA (M. P. ) (MADHYA PRADESH) 2. PR OS ECUTR IX THROUGH POLICE STATION N O O R A B A D DISTRICT MORENA (MADHYA PRADESH) ..... RESPONDENTS ( SHRI DINESH SAVITA - P. L. - APPEARING ON BEHALF OF ADVOCATE GENERAL). This application coming on for admission hearing this day, th e court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to FIR No.
267 of 2023 registered at Police Station Noorabad, District Morena (M. P. ) for the offence under Sections 363, 366, 376 (2) (n) of IPC and section 5/6 of POCSO Act. Learned counsel for the applicant argued that applicant is an innocent person Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that as per prosecution story and the statement of the prosecutrix recorded under section 164 of Cr. P. C. , the prosecutrix was already married at the time of incident with some other person, however, she met with the applicant when she came to her parental home and thereafter, she went with the applicant to Indore and lived with him for almost two and half months. However, there is no evidence available on record that she ever tried to escape or raised any alarm against the present applicant while residing at Indore.
Thereafter, the police traced her and brought her to her parental home. All these facts make the entire prosecution story doubtful. The prosecutrix is already married therefore, the fact of her being minor at the time of incident does not arise and the same is also suspicious. The applicant is in custody since 10/12/2023 and he has no criminal antecedents. Investigation is nearing completion and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Morena. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. 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 Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM 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.
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; 4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench. 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) Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM JUDGE Durgekar Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 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.