IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 4 OF MARCH, 2024 MISC. CRIMINAL CASE No. 9201 of 2024 BETWEEN:-

SANTOSH RAJAK S/O SHRI RANVIR RAJAK, AGED ABOUT 25 YEARS, OCCUPATION: PRIVATE SERVICE, R/O RADHA VIDYAMANDIR KE SAMNE WALI GALI HEERA NAGAR PURANI CHHAWANI GWALIOR (MADHYA PRADESH)

.....APPLICANT (BY SHRI SAMARJEET SINGH KAURAV - ADVOCATE)

AND

1. THE STATE OF MADHYA THROUGH POLICE STATION PURANI CHHAWANI DISTRICT GWALIOR (MADHYA PRADESH)

2. ABHIYOKTRI D/O SHRI MUNNALAL R/O RADHA VIDYAMANDIR KE SAMNE WALI GALI, HEERANAGAR, PURANI CHHAWANI, GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 32 of 2024 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for the offence under Sections

363, 376 of IPC & Sections 3/4 of POCSO Act.

Learned counsel for the applicant argued that the applicant is innocent Signature Not Verified Signed by: VIPIN KUMAR and has been falsely implicated. Allegedly, the incident occurred on 24.01.2024, however, the FIR is lodged on the next day for which no explanation has been given. Further submission is that present FIR is a counterblast of complaint (vide annexure A/2 to A/5) filed by family of applicant against the family members of prosecutrix in respect to assault on them. Further submission is that as per prosecution story, applicant/accused took the prosecutrix from a park on his motorcycle and they stayed in a hotel and thereafter applicant/accused again dropped the prosecutrix at the park, however, there is no evidence that prosecutrix in park which is a public place, tried to raise alarm or escape and even in hotel she has not made alarm on the contrary, in her statement recorded u/S.164 of Cr.P.C. before the court, she has specifically mentioned that before filing the report her family members threatened her. She further stated that before the incident, the accused and prosecutrix were beaten up because she likes the present applicant, in these circumstances, entire prosecution story becomes doubtful. The applicant is in custody since 25.01.2024. Applicant is the resident of District Gwalior (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prays for dismissal of present bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond Signature Not Verified Signed by: VIPIN KUMAR 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/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The app