Madhya Pradesh High Court

Hemant Parihar vs The State Of Madhya Pradesh on 26 February, 2024

Author:
Sanjeev S Kalgaonkar

Bench:
Sanjeev S Kalgaonkar
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 26 th OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4921 of 2024

BETWEEN:-
HEMANT PARIHAR, AGED ABOUT 20 YEARS,
OCCUPATION: LABOUR RESIDENT OF VILLAGE
KALYAANPUR POLICE STATION PICCHORE TEHSIL
DABRA DISTRICT GWALIOR (MADHYA PRADESH)

.....APPLICANT
(SHRI SANKALP SHARMA-ADVOCATE FOR APPLICANT)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION DABRA DISTRICT GWALIOR (MADHYA
PRADESH)

.....RESPONDENT
( SHRI R.K. AWASTHI- ADVOCATE FOR APPLICANT- STATE AND SMT.
UMA KUSHWAH- ADVOCATE FOR COMPLAINANT)

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

IA No. 2552 of 2024, an application under
Section 301(2)
of CrPC
moved on behalf of complainant seeking permission of this Court to assist
prosecution in the matter is taken up, considered and allowed for the reasons
mentioned therein. Smt. Uma Kushwah, learned Counsel appearing for
complainant is permitted to assist the prosecution in the matter.

This first bail application has been filed by applicant under
Section 439

of the Code of Criminal Procedure, 1973 for grant of bail in connection with
Crime No.1155 of 2023, registered at Police Station Dabra, District Gwalior

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 27-02-2024

10:10:25 PM
(M.P.) for offence punishable under
Section 376
,
,
of IPC. Applicant is
in judicial custody since 29-12-2023.

As per the case of prosecution, victim aged around 19 years, submitted a
typed complaint on 29-12-2023 at 10:15 am with SHO, PS Dabra, District
Gwalior alleging rape against Hemant Parihar (applicant). It is stated in
complaint that she and Hemant Parihar used to communicate on mobile phone.
Some days before, she had stopped conversation with Hemant but Hemant
used to call her. On 28-12-2023 around 10:00 in the night, she was at her home
along with her younger brothers and uncle. Her brother went outside with pet
dog. Hemant entered her room and closed door. Hemant committed rape on

her. Hemant pushed her. She sustained injury near her left eye. Hemant also
slapped her. Hearing her shouts, her uncle and younger brothers came there,
then Hemant left her. She opened the door, Hemant fled away. Her uncle
informed her father on phone. Her parents had gone to Gwalior, therefore, she
could not report in the night. On such allegations, PS Dabra registered FIR at
Crime No.1155 of 2023 for offence punishable under
Sections 376
,
,
of
IPC against applicant. Victim was forwarded for medico-legal examination.
Victim informed the history of sexual violence to the Medical Officer that
accused had come to her room around 10:00 pm. Accused forced her for
having sexual relation. When she denied, accused forcefully had sexual
intercourse with her. Suddenly, her relative came there and saw them in
uncomfortable condition and caught them. No external injury was found on the
person of the victim. Statements of the victim under
Sections 161
and
of
CrPC were recorded. Statements of other witnesses have also been recorded.
Applicant was arrested on 29-12-2023, he is in custody ever since. On

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 27-02-2024

10:10:25 PM
completion of investigation, Final Report was submitted on 17-01-2024.

Learned Counsel for the applicant, in addition to the grounds mentioned
in the application, submits that it is a case of consensual romantic relationship
between two young persons. Applicant has been falsely implicated in the matter
under the pressure of family members of the victim. Leaned Counsel further
referring to the site map and narration of history by the victim to Medical
Officer, submits that the allegation of forceful sexual assault is highly
improbable as younger brothers and uncle of the victim were present in the
same house although in different room. Learned Counsel further submits that
the applicant is aged 19 years. He is pursuing studies. He is a student of BA
first year. There is no likelihood of his absconsion leaving his family, home and
studies. No further custodial interrogation of applicant is needed. There is no
likelihood of tampering with evidence as both the parties belong to same socio-
economic status. Trial would take time to conclude. Therefore, applicant may
be extended the benefit of bail.

P e r contra, learned counsel for the State ably assisted by learned
Counsel for the complainant opposes the bail application on the ground of
gravity of alleged offence and submits that statements of victim on record make
out a case of sexual assault against applicant. Learned Counsel for State further
cites criminal history of two cases against the applicant.

In reply, learned Counsel for the applicant submits that other two cases
relate to minor offence.Applicant has been granted bail in two cases which are
pending for trial and he has never been convicted.

Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case, regard being had to the young age of the applicant,

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 27-02-2024

10:10:25 PM
but without commenting on merits of the case, this Court is inclined to release
the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Hemant Parihar s hall be
released on bail in relation to Crime No.1155 of 2023, registered at Police
Station Dabra, District Gwalior (M.P.) for offence punishable under
Section
,
,
of I P C upon furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees one lac only) with one solvent surety to the
satisfaction of the Trial Court, for compliance with the following conditions,:

(For the sake of convenience of understanding by accused and surety, the
conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may be
directed by the concerned court;

(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA

(2) Applicant shall not commit or get involved in any offence of similar
nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA

(3) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the police
officer;

(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls
izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh
dks izdV djus ls fuokfjr gksA

(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 27-02-2024

10:10:25 PM
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k
lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA

(5) During trial, the applicant shall ensure due compliance of provisions of

Section 309
of Cr.P.C. regarding examination of witnesses in attendance;

(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA

This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the trial Court may consider on merit
cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that
he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR)
JUDGE
MKB

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 27-02-2024

10:10:25 PM