Madhya Pradesh High Court

Prem Singh vs The State Of Madhya Pradesh on 9 July, 2024

Author:
Sanjeev S Kalgaonkar

Bench:
Sanjeev S Kalgaonkar

1 MCRC-25919-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF JULY, 2024
MISC. CRIMINAL CASE No. 25919 of 2024
(PREM SINGH
Vs
THE STATE OF MADHYA PRADESH)

Appearance:
(SHRI RAJIV JAIN- ADVOCATE FOR THE APPLICANT.)
(SHRI PRAMOD KUMAR PACHORI- PUBLIC PROSECUTOR FOR
RESPONDENT/STATE)
ORDER

This FIRST bail application has been filed by applicant under
Section
of the Code of Criminal Procedure, 1973 for grant of bail in connection
with Crime No.265/2024 registered at Police Station Sironj, District Vidisha
(M.P.) for the offence punishable under
Sections 456
and
of IPC.
Applicant is in judicial custody since 21.05.2024.

A s per the case of prosecution, prosecutrix aged around 26 years
reported to SHO of Police Station Sironj, District Vidisha on 21.05.2024 that
on 18.05.2024, she was sleeping at her home. Her husband was sleeping outside

the house along with her kids aged around six years and seven years
respectively. Around 04:00 in the morning, her relative Prem Singh Banjara
entered her room and gagged her mouth. Prem Singh committed rape on her.
When Prem Singh opened her mouth, she shouted. Prem Singh fled away.
Hearing her shouts, her husband came in the house. She narrated the incident to
her husband. After deliberation and consultation, they had come to report the
incident. On such allegations, Police Station Sironj, District Vidisha registered
FIR at Crime No.265/2024 for the offence punishable under
Sections 456
and

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 10-Jul-24

10:34:42 AM

2 MCRC-25919-2024
376 of
IPC
. Prosecutrix was forwarded for medico legal examination. No
definite opinion was given by the Medical Officer. No injury was found.
Statements of prosecutrix were recorded under
Sections 161
and
of CrPC.
Statements of other witnesses have been recorded. Applicant was arrested on
21.05.2024. He is in custody ever since. Investigation is underway.

Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that applicant has falsely been implicated i n the
matter to avoid payment of outstanding loan taken by husband of the
prosecutrix. No offence as alleged is made out against the applicant. Learned
counsel for the applicant submits that applicant is aged around 22 years. He has

responsibility of his aged parents as well as pregnant wife. He is Labourer by
profession. There is no likelihood of absconsion leaving family and home. 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. The trial would take time to complete. Therefore, the applicant may be
extended the benefit of bail.

Per contra, learned counsel for the respondent/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
circumstances of the case, 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 Prem Singh shall be released
on bail in connection with Crime No.265/2024 registered at Police Station
Sironj, District Vidisha (M.P.) for the offence punishable under
Sections 456

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 10-Jul-24

10:34:42 AM

3 MCRC-25919-2024
and 376 of
IPC
, upon furnishing a personal bond in the sum of Rs. 50,000/-
(Rs. Fifty Thousand Only) with one solvent surety of the same amount to
the satisfaction of the Trial Court, for compliance with the following conditions,
:(F o r t h e 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 he
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 temper with the
evidence or allure, pressurize or threaten the witness;

(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

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 10-Jul-24

10:34:42 AM

4 MCRC-25919-2024
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 merits
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
Avi

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 10-Jul-24

10:34:42 AM