Madhya Pradesh High Court
Rajbahor Kushwaha vs The State Of Madhya Pradesh on 22 January, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:3084
1 MCRC-1069-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 22nd OF JANUARY, 2025
MISC. CRIMINAL CASE No. 1069 of 2025
RAJBAHOR KUSHWAHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jitendra K. Dwivedi - Advocate for the applicant.
Shri Anoop Sonkar - Panel Lawyer for respondent.
ORDER
This is second 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.178/2024, dated 16.05.2024 registered at Police Station-
Naigarhi, District-Mauganj (M.P.) for commission of offence punishable
under Sections 376(2)(n), 342 and 506 of IPC. Applicant is in detention since
17.5.2024.
2 . Applicant’s first application was dismissed as withdrawn and not pressed
vide order dated 19.7.2024 passed in M.Cr.C. No.25840 of 2024 with liberty
to renew the prayer for bail after recording of evidence of prosecutrix or
availability of DNA report whichever is earlier.
3 As per the prosecution story, on 16.5.2024, 32 years old prosecutrix
submitted an application in writing alleging that on 7.5.2024 at around 11
A.M., she was waiting for a vehicle near Garh road at Naigarhi Bazar.
Rajbahor Kushwaha came and asked about the place of her destination. She
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 23-01-2025
11:28:53
NEUTRAL CITATION NO. 2025:MPHC-JBP:3084
2 MCRC-1069-2025
told that she is going to her parental house, Rajbahor told that he is also
going to Chakghat for some work and he will drop her. She went with
Rajbahor. He gave her water in bottle, after drinking that water she felt
dizziness and in the evening found herself in a room in which motor machine
equipments were kept, it was the shop of Rajbahor. She asked Rajbahor
why did he bring her there, at this, Rajbahor again gave her water bottle and
she became unconscious. On 10.5.2024 at 3-4 P.M. when she found
Rajbahor’s shop open, she left the place and went to her parental house.
Rajbahor by confining in a room repeatedly committed rape upon her and
threatened to do death. F.I.R was registered. After investigation charge
sheet has been filed.
4. Learned counsel for the applicant has submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. FIR
has been lodged after six days of prosecutrix alleged running away from the
applicant’s shop. It is submitted that FSL report is negative. Prosecutrix and
applicant both are major. Prosecutrix has already been examined.
Therefore, it is prayed that applicant may be released on bail, pending the
trial.
5 . On the other hand, learned counsel for the State has opposed the prayer
for grant of bail to the applicant on the ground that prosecutrix in her
evidence before the trial Court has supported the prosecution story.
6. Prosecutrix has already been examined before the Trial Court and now,
there is no possibility of influencing of prosecution witnesses and tampering
with the prosecution evidence. Therefore, having taken into consideration all
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 23-01-2025
11:28:53
NEUTRAL CITATION NO. 2025:MPHC-JBP:3084
3 MCRC-1069-2025
the facts and circumstances of the case, but without expressing anything on
the merits 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.
7 . It is directed that applicant – Rajbahor Kushwaha 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].
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.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 23-01-2025
11:28:53
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