Firoz vs The State Of Madhya Pradesh on 20 January, 2025

Madhya Pradesh High Court

Firoz vs The State Of Madhya Pradesh on 20 January, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:2352




                                                                  1                     MCRC-1912-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                   ON THE 20th OF JANUARY, 2025
                                             MISC. CRIMINAL CASE No. 1912 of 2025
                                                       FIROZ
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                              Shri Rajnish Pandey, counsel for the applicant.
                              Shri D.K.Shukla, P.L. for respondent/State.

                              None for victim despite service of notice.

                                                                      ORDER

This is first application filed by the applicant under Section 483 of
BNSS, 2023 (Section 439 of the Cr.P.C., 1973) for grant of regular bail
relating to FIR No.213/2023, dated 22.04.2023, registered at Police
Station – Sarani, District Betul (M.P.) for commission of offence
punishable under Sections 363,366, 376(2)(n), 376(3), 376(DA), 368 and
506 of IPC and Section 5(L), 5(g) and 6 of POCSO Act, 2012 and

Section 3(1)(W)(ii), 3(2)(va) of the SC/ST (POA) Act. Applicant is in
detention since 22.04.2023.

2 As per the prosecution story, on 22.04.2023 at around 03:00 P.M., 15
years and 10 months old prosecutrix was going towards friend’s house to
handover her copy when she reached at Shobhapur Club, near SBI Bank
her friends brother Suraj alias Aman along with his friend Shahbaz

Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 1/20/2025
6:38:27 PM
NEUTRAL CITATION NO. 2025:MPHC-JBP:2352

2 MCRC-1912-2025
riding on motorcycle bearing registration No.M.P.-48-MJ-3539 came and
took her to applicant’s home and they both served her cold drink and
thereafter Suraj repeatedly committed rape upon her and Shahbaz
threatened not to disclose incident of rape to any one. FIR was registered.

3. Learned counsel for the applicant has submitted that applicant has
not committed any offence. He is innocent. He has been falsely
implicated. The main allegations are against Suraj and Shahbaz Khan.
There is no allegation against the present applicant about doing any act in
furtherance of common intention of the co-accused persons except the
fact that room on which prosecutrix was taken belong to him. It is
further submitted that prosecutrix has already been examined before the

trial court and final conclusion of the trial will take considerable time.
Co-accused of the case, namely, Shahbaz Khan has already been released
on bail vide order dated 12.12.2024 passed in M.Cr.C.No.49329/2024 .
Therefore, it is prayed that applicant may be released on bail, pending the
trial.

4 . On the other hand, learned counsel for the State has opposed the
prayer for grant of bail to the applicant.

5 . Applicant is in detention for almost 09 months and co-accused of the
case, namely, Shahbaz Khan has already been released on bail vide order
dated 12.12.2024 passed in M.Cr.C.No.49329/2024. Therefore having
taken into consideration availability of material and all the facts and
circumstances of the case, but without expressing anything on the merits

Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 1/20/2025
6:38:27 PM
NEUTRAL CITATION NO. 2025:MPHC-JBP:2352

3 MCRC-1912-2025
of the case, I deem it a fit case for grant of bail. Consequently, this bail
application under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C.,
1973) for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant – Firoz be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
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 BNSS, 2023
[Section 437(3) of Cr.P.C., 1973].

7. 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.

Certified copy as per rules

(DINESH KUMAR PALIWAL)
JUDGE

MKL

Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 1/20/2025
6:38:27 PM