GIRRAJ S/o BALMUKUND SHARMA vs STATE OF MADHYA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 591

G. S. AHLUWALIA
GIRRAJ S/o BALMUKUND SHARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent

ORDER : – This application under section 439(2) of Criminal Procedure Code has been filed for cancellation of bail to the respondent No. 2 which was granted to him by this Court by order dated 21-7-2022 passed in M.Cr.C. No. 35904/2022.

2. Facts necessary for disposal of present application in short are that respondent No. 2 is facing trial for offence under sections 305, 354-D, 34 of Indian Penal Code and sections 11, 12 of POCSO Act in Crime No. 116/2021. The allegations against the respondent No. 2 are that the respondent No. 2 and co-accused Virendra @ Lalu Sharma and his Bhabhi Smt. Rubi Sharma were pressurizing the minor deceased to marry respondent No. 2. It was also alleged that respondent No. 2 used to talk to the deceased and he too was pressurizing the deceased that in case, if she does not agree for marriage, then he would upload her recorded conversation as well as photographs with the respondent No. 2. It is submitted that ultimately, the minor prosecutrix committed suicide and the aforesaid offence was registered. Since the respondent No. 2 was in jail from 20-3-2021, therefore, by order dated 21-7-2022 he was granted bail.

3. It is submitted by the counsel for the a