Madhya Pradesh High Court
Aman Jhanke vs The State Of Madhya Pradesh on 26 December, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2024:MPHC-JBP:63890
1 MCRC-50521-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 26th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 50521 of 2024
AMAN JHANKE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rakesh Dwivedi - Advocate for the petitioner.
Shri Vivek Shukla - Advocate for the respondent No.2.
Shri Nagendra Solanki - Panel Lawyer for the respondent/State.
ORDER
This is first bail application filed on behalf of the applicant under
Section 483 of Bhartiya Nagrik Suraksha Sanhita Act for grant of bail.
2. The applicant is in custody since 24.07.2024 in connection with
Crime No.88/2024 registered at P.S.- Katara Hills, District- Bhopal (M.P.)
for the offence punishable under Sections 363, 276, 376 (2)(n) & 506 of the
IPC & Sections 5/6 Protection of POCSO Act, 2012.
3. As per the case of the prosecution, allegations against the present
applicant are that applicant repeatedly established physically relationship
with prosecutrix on the false pretext of marriage, aged about 18 years.
4. Learned counsel for the applicant submits that at the time of
incident, prosecutrix was aged more then 18 years. Presently, prosecutrix is
pregnant. It is alleged that prosecutirx eloped with present applicant from her
lawful guardianship on 19.05.2024 and thereafter, they went to Ujjain and
Signature Not Verified
Signed by: NIRAJ KUMAR
CHOUDHARY
Signing time: 25-12-2024
02:56:21
NEUTRAL CITATION NO. 2024:MPHC-JBP:63890
2 MCRC-50521-2024
other places and also solemnized marriage with each other in a temple and
also used to established physical relationship. She was recovered on
24.07.2024. After referring to prosecutrix’s statements recorded on
25.07.2024 under Section 164 of the Cr.P.C., where in she has not stated a
single word against accused. No medical evidence is available regarding
rape. It is also urged that prosecutrix is a consenting party. it is also urged
that prosecutrix is a consenting party. She intends to marry present applicant.
On above grounds, it is urged that applicant be released on bail.
5. Learned counsel for the complainant submits that prosecutrix is
pregnant and she has no objection if bail is granted to applicant.
6. Learned Panel lawyer for the respondent/State, on the other hand,
has opposed the application but he submits that missing person report was
lodged and he also support that prosecutrix has not stated any facts against
the present applicant/accused as per her statement under Section 164 of
CRPC.
7. Having regard to the facts and circumstances of the case, including
nature of evidence, especially, statement of prosecutrix recorded under
Sections 164 of Cr.P.C. but without expressing any opinion on the merit of
the case, I am inclined to release the applicant on bail. Consequently, bail
application filed on behalf of applicant, stands allowed.
8. Having regard to overall facts and circumstances of the case and
evidence available on record, I deem it proper to release the applicant on bail.
9. It is directed that the applicant – Aman Jhanke shall be released on
bail on his furnishing a personal bond in a sum of Rs.50,000/ (Rupees Fifty
Signature Not Verified
Signed by: NIRAJ KUMAR
CHOUDHARY
Signing time: 25-12-2024
02:56:21
NEUTRAL CITATION NO. 2024:MPHC-JBP:63890
3 MCRC-50521-2024
Thousand Only) with two surety in the like amount to the satisfaction of the
trial Court concerned for his appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial.
10. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
11.Accordingly, M.Cr.C. stands disposed of.
12. Certified copy as per rules.
(AVANINDRA KUMAR SINGH)
V. JUDGE
NRJ
Signature Not Verified
Signed by: NIRAJ KUMAR
CHOUDHARY
Signing time: 25-12-2024
02:56:21