Madhya Pradesh High Court
Raju Shrma vs The State Of Madhya Pradesh on 30 December, 2024
NEUTRAL CITATION NO. 2024:MPHC-GWL:23473
1 MCRC-53336-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 30 th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 53336 of 2024
RAJU SHRMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishikesh Bohare - Advocate for the applicant.
Shri Brij Mohan Patel - Public Prosecutor for respondent/State.
ORDER
This is the first bail application filed under Section 439 of Cr.P.C. (Section
483 of BNSS, 2023) on behalf of applicant for grant of regular bail relating to FIR
No.391/2024 registered at Police Station Raghogarh, District Guna (M.P.) for the
offence punishable under Sections 137(2), 64, 65(1), 118(1) of BNS, 2023,
Section 3/4 of POCSO Act and Section 75 of Juvenile Justice Act.
2. It is the case of applicant that applicant is in custody since 26.11.2024
and as per prosecution version, the prosecutrix was having a friend named Bharti,
who took the prosecutrix first to Guna, and thereafter to Kota and then put the
prosecutrix in a hotel at Kota which is ran by the present applicant. As per the
prosecution version, the said prosecutrix remained in the same room with the said
female friend Bharti at Kota for about three days and thereafter she quarreled with
Bharti and shifted to some other room in the same hotel. In the said other room,
Bharti introduced the prosecutrix to co-accused Rahul, who is stated to have
committed the act of sexual assault on the prosecutrix. Further, the prosecution
case is that the prosecutrix asked Bharti to get her back to her home at Raghogarh,
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 31-Dec-24
2:50:23 PM
NEUTRAL CITATION NO. 2024:MPHC-GWL:23473
2 MCRC-53336-2024
District Guna. Thereafter, the said female friend of prosecturix, namely, Bharti
accompanied her come back to Raghogarh, District Guna. It is argued that there is
no role of the present applicant in the matter because he is the person, who had
only given the hotel room to Bharti, who had been accompanied the prosecutrix.
As per prosecution version, Bharti had disclosed prosecutrix to be her real sister. It
is contended that applicant only ran a hotel, therefore, he may be granted benefit of
bail. He undertakes to cooperate in the process of law if he granted benefit of bail.
4. Per contra, application is opposed by learned counsel for the State on the
ground that it was the applicant, who was running the lodge/hotel where the
offence took place.
5. Heard the counsel for the parties at length and perused the case diary.
6. Considering the aforesaid circumstances of the case, but without
expressing any opinion on merits of the case, this Court of the view that it would
be appropriate to enlarge the applicant on bail. Consequently, the applicant under
Section 439 of Cr.PC. is hereby allowed. It is directed that applicant shall be
released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with two solvent sureties of Rs.50,000/- each out of which
one shall be local surety to the satisfaction of the trial court for his regular
appearance before Court on all such dates as may be fixed in this regard.
7. This order shall remain operative subject to compliance of following
stringent conditions by the applicant,:-
a. The applicant will comply with all the terms and conditions of the bond
executed by him;
b . 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
from disclosing such facts to the Court or to the Police Officer as the case may be;
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 31-Dec-24
2:50:23 PM
NEUTRAL CITATION NO. 2024:MPHC-GWL:23473
3 MCRC-53336-2024
c. The applicant will cooperate in the trial and he shall not commit an
offence similar to the offence of which he is accused;
d. The applicant will not seek unnecessary adjournments during the trial;
e. The applicant will not leave India without previous permission of the trial
Court/Investigating Officer as the case may be;
f . The applicant shall not involve himself in any criminal activity in future
otherwise, benefit of bail shall immediately be withdrawn.
g. In case of bail jump, this order shall become ineffective.
h. The applicant shall present at the police station concerned once per week
till completion of investigation.
8. Application stands allowed and disposed of.
9. A copy of this order be sent to the trial Court concerned for compliance
and information.
(VIVEK JAIN)
V. JUDGE
*AVI*
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 31-Dec-24
2:50:23 PM