Madhya Pradesh High Court

Aman Sikarwar vs The State Of Madhya Pradesh on 22 May, 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 22 nd OF MAY, 2024
MISC. CRIMINAL CASE No. 21246 of 2024

BETWEEN:-
AMAN SIKARWAR S/O SHRI KUMHER SINGH
SIKARWAR, AGED ABOUT 19 YEARS, VILLAGE
KUHWARPUR PS JAURA AT PRESENT NEW BRAJDHAM
COLONY TEH AND DISTRICT MORENA (MADHYA
PRADESH)

.....APPLICANT
(BY SHRI JITENDRA KUMAR SHARMA- ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION JAURA DISTRICT MORENA (MADHYA
PRADESH)

.....RESPONDENT
(BY SHRI KAUSHLENDRA SINGH TOMAR - PUBLIC PROSECUTOR)

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

This first application has been filed by applicant under
Section 439
of
Code of Criminal Procedure, 1973 for grant of bail in connection with Crime
No.201 of 2024 registered at Police Station Jaura District Morena (M.P.), for
offence punishable under
Sections 376
,
and
of IPC. Applicant is in
judicial custody since 04-05-2024.

A s per the case of prosecution, prosecutrix aged around 18 years
submitted a written complaint to SHO, PS- Jaura, District Morena that on
04.05.2024, around 1:30 in the night, she was sleeping in her room. Aman

Signature Not Verified

Signed by: VIJAY TRIPATHI

Signing time: 22-05-2024

07:20:54 PM
Sikarwar (applicant) entered her room and closed the door from inside. As she
tried to shout, Aman gagged her mouth and committed rape on her. Hearing the
sound, her mother and sister knocked the door. Meanwhile, her father also
came. His father pushed the door to open. Aman Sikarwar started scuffling with
her parents and threatened to kill her brother. Meanwhile, police also arrived on
spot. Aman was handed over to the police. On such allegation, PS- Jaura
registered FIR at Crime No.201/2024 for offence punishable under
Sections
,
and
of IPC. Applicant was arrested on 04.05.2024, he is in
custody ever since. Statements of prosecutrix were recorded under
Sections
and
of CrPC. Investigation is underway.

Learned Counsel for the applicant submits that the applicant is falsely
implicated in this matter. Prosecutrix is aged 18 years, whereas applicant is aged
19 years. It is a case of romantic relationship between two young persons. False
allegations of rape are made against the applicant under the pressure of the
family members of prosecutrix. Learned Counsel submits that the applicant is
manager of a Cafe. There is no likelihood of his absconsion leaving his family,
home and profession. No criminal antecedent is reported against the applicant.
There is no likelihood of tampering with the evidence as both the parties relate
to same socio-economic status. Jail incarceration is causing hardship to the
young applicant. Trial would take time to conclude. Therefore, applicant may
be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on
the ground of gravity of alleged offence.

Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall

Signature Not Verified

Signed by: VIJAY TRIPATHI

Signing time: 22-05-2024

07:20:54 PM
circumstances of the case, regard being had to the young age of the applicant,
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- Aman Sikarwar s hall be
released on bail in relation to Crime No.201 of 2024 registered at Police Station
Jaura District Morena (M.P.), for offence punishable under
Sections 376
,
and
of IPC, upon furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the same amount
to the satisfaction of the Trial Court, for compliance with the following
conditions,: (For the 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: VIJAY TRIPATHI

Signing time: 22-05-2024

07:20:54 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
Vijay

Signature Not Verified

Signed by: VIJAY TRIPATHI

Signing time: 22-05-2024

07:20:54 PM