Madhya Pradesh High Court
Shani Rajpoot vs The State Of Madhya Pradesh on 30 December, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1 MCRC-55498-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 30th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 55498 of 2024
SHANI RAJPOOT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Brajesh Kumar Rajak - Advocate for the applicant.
Shri Gajendra Parashar-Panel Lawyer for the respondent/State.
ORDER
This is first bail application filed on behalf of the applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of
Cr.P.C.).
2. The applicant is in custody since 13.10.2024 in connection with
Crime No.764/2024 registered at P.S.- Hanumantal, District Jabalpur (M.P.)
for the offence punishable under Sections 137(2), 87, 64(2)(M), 65(1) of
BNS and Section 5(L), 6 of POCSO Act.
3 . Prosecution story, in brief, is that applicant repeatedly
committed aggravated penetrative sexual assault on minor prosecutrix.
4. Learned counsel for the applicant submits that applicant has been
falsely implicated. After investigation, charge sheet has been filed. Parties
came into contact with each other through Instagram and they were
acquainted with each other since last 3 to 4 years. Applicant is in jail since
2 MCRC-55498-2024
13.10.2024. No custodial interrogation is required. On the date of incident,
prosecutrix was aged more than 15 years. Further, from the statement of
prosecutrix recorded under Section 183 BNS, it is clear that there is no
allegation of physical relationship. From above statement, it is also evident
that it is the prosecutrix herself, who had left her house and had gone to the
house of applicant and remained there for about 15 days. On the above
grounds, it has been prayed that the applicant be released on bail.
5. On the other hand, learned counsel for the State has opposed
grant of bail.
6. Having taken into consideration all the facts and circumstances of
the case, I am inclined to release the applicant on bail. Consequently, first
bail application under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 for grant of bail filed on behalf of applicant, stands allowed.
7 . It is directed that present applicant be released on bail on his
furnishing a personal bond in 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, for his regular appearance before the trial Court during trial
with a condition that he shall remain present before the concerned Court on
all the dates fixed by it during trial. He shall abide by all the conditions
enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita,
2023.
8. This order shall be effective till the end of the trial. However, in
case of bail jump and breach of any of the conditions of bail, it shall become
ineffective.
3 MCRC-55498-2024
9. Certified copy as per rules.
(ACHAL KUMAR PALIWAL)
V. JUDGE
Shanu
Digitally signed by SHANU
RAIKWAR
Date: 2025.01.01 13:18:29 +05’30’
