IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL th ON THE 10 OF MAY, 2023 MISC. CRIMINAL CASE No. 10664 of 2023 BETWEEN:-

JITENDRA S/O SHRI PHOOLCHANDRA, AGED ABOUT 24 YEARS, OCCUPATION: LABOUR KUMHAR MOHALLA KUSMODA P.S. CANTT DISTRICT GUNA(MADHYA PRADESH)

.....APPLICANT (BY SHRI ASHISH SINGH JADOUN- ADVOCATE).

AND

1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION CANTT DIST. GUNA (MADHYA PRADESH)

2. PROSECUTRIX VICTIM THROUGH POLICE STATION CANNT. DIST. GUNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR)

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

ORDER

This is second application under section 439 of Cr.P.C. filed by the applicant for grant of bail. First bail application was dismissed as withdrawn with the liberty to file in the month of June, 2023 or after the statement of the prosecutrix recorded before the trial Court whichever is earlier.

The applicant has been arrested on 5.11.2022 in connection with Crime No.844/2022 registered at Police Station Cantt. District Guna (MP) for offence Signature Not Verified punishable under Sections 376, 376(3), 450, 506 of IPC and Section 3/4 of POCSO Act.

In brief, the prosecution case is that on 5.11.2022 prosecutrix was went to sleep after locking a gate of her house. When she was sleeping, at that time applicant came from the open space above the gate, after that present applicant caught hold her from back and forced her with intent to commit rape, when prosecutrix objected then applicant threatened to kill her. On the basis of said complaint an FIR bearing Crime No.844/2022 registered at Police Station Cantt. District Guna (MP) for offence punishable under Sections 376, 376(3), 450, 506 of IPC and Section 3/4 of POCSO Act against the applicant. Prosecutrix was sent for medical examination in which hymen was found to be ruptured and torned. Applicant accused was arrested.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. After investigation charge-sheet has been filed. The applicant is ready to abide by the conditions as may be imposed by this Court.

On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of any default, cash security of Rs.25,000/- shall stand forfeited Signature Not Verified without giving any notice to him.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL)

JUDGE Vijay Signature Not Verified