BRIJENDRA SINGH ALIAS BOBY BHADORIA 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. BRIJENDRA SINGH ALIAS BOBY BHADORIA v. THE STATE OF MADHYA PRADESH. Read the judgment and case...
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. 4436 of 2024 BETWEEN:- BRIJENDRA SINGH ALIAS BOBY BHADORIA S/O SRI BHUPENDRA SINGH, AGED ABOUT 34 YEARS, OCCUPATION: PRIVATE JOB D-7 220 KB MPEB COLONY MAHALGAUN DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (SHRI RAJMANI BANSAL, LEARNED COUNSEL FOR THE PETITIONER) . AND 1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION MADHOGANJ DISTRICT GWALIOR M. P. (MADHYA PRADESH) 2. PR OS ECUTR IX THROUGH POLICE STATION M AD HOGAN J DISTRICT GWALIOR (MADHYA PRADESH) ..... RESPONDENTS ( MS. KALPANA PARMAR- 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 first application u/S. 438 Cr. P. C. for grant of anticipatory bail has been filed by the applicant who is apprehending his arrest in connection with Crime No.
271 of 2023 registered at Police Station Madhoganj, District Gwalior (M. P. ) for the offence punishable under Sections 363, 366 (A), 376 (2) (n), 34 of IPC and section 5/6 of POCSO Act. Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM Learned counsel for the applicant/accused argued that the applicant is innocent and has been falsely implicated, which is evident from the fact that prosecutrix left her house on her own volition as she wanted to get marry with the co-accused Navin, however, her mother was not agreed for the same. She lived with co-accused at Sonipal (Haryana) and Delhi for almost six months as husband and wife. However, she was recovered by the police and her statement under section 161 of Cr. P. C. was recorded on 15/01/2024, in which, she has not made any allegation against the present applicant.
It is further argued that since the present applicant helped the parents of the prosecutrix to recover her, therefore, the prosecutrix in her statement recorded on 17/01/2024 under section 164 of Cr. P. C. had made allegation against the present applicant in regard to the alleged incident which took place in the year 2022. There is no explanation as to why she did not make any complaint against the present applicant in regard to the said alleged incident took place in the year 2022. The applicant has no criminal antecedents. Applicant is permanent resident of District Gwalior (M. P. ). Further submission is that the applicant is ready and willing to co-operate in the investigation and shall abide by all the terms and conditions as may be imposed by this Court; therefore, he prays for grant of anticipatory bail to the applicant. O n the other hand, learned State counsel opposed the anticipatory bail application and prays 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 and material available on record, but without expressing any opinion on merits of the case, Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM this application is allowed and it is directed that in the event of arrest, the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with two local solvent sureties in the like amount to the satisfaction of the Arresting Officer/Investigating Authority. The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure. Certified copy as per rules. (SUNITA YADAV) JUDGE Durgekar Signature Not Verified Signed by: SANJAY Signing time: 03-02-2024 11:33:08 AM
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