Madhya Pradesh High Court

Praveen Bajoriya vs The State Of Madhya Pradesh on 22 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 22 nd OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 7644 of 2024

BETWEEN:-
PRAVEEN BAJORIYA S/O SHRI MUKESH BAJORIYA,
AGED 18 YEARS, R/O GRAM SUNDARPUR POLICE
THANA CIVIL LINE DISTRICT MORENA (MADHYA
PRADESH)

.....APPLICANT
(SHRI PRADEEP KATARE- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
THANA CIVIL LINE DISTRICT MORENA (MADHYA
PRADESH)

.....RESPONDENT
(SHRI LOKENDRA SHRIVASTAVA- PANEL LAYWER)
(SHRI MADHUKAR KULSHRESTHA- ADVOCATE FOR THE
COMPLAINANT)

This application coming on for HEARING this day, th e court passed
the following:
ORDER

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. 02/2024 registered at Police Station Civil Lines, District Morena
(M.P.) for offence punishable under
Sections 376
,
,
,
of IPC and

Section 3
/
of the POCSO Act. The applicant is in judicial custody since
03.01.2024.

A s per the case of prosecution, prosecutrix aged around 17 years

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 23-02-2024

04:44:19 PM
reported to Police Station Civil Lines, District Morena on 01.01.2024 at 18:00
hours that a neighbour Praveen Bajoriya was harassing her to make friendship.
On intervening night of 26.12.2023 and 27.12.2023 around 02:00 in the night,
she was sleeping at her home along with her family members. Praveen entered
her room and asked her to go out of the room with him. As she refused,
Praveen suffocated her and took her to the bathroom in the courtyard. Praveen
closed the door of the bathroom and committed rape on her. Hearing her
shouts, her parents came there. Praveen fled away after threatening to kill her, if
she reports. She narrated the incident to her parents, but could not report the
incident due to fear of Praveen. On such allegations, Police Station Civil Lines,

District Morena registered FIR at Crime No. 02/2024 for offence punishable
under
Sections 376
,
,
,
of IPC and
Section 3
/
of the POCSO Act.
Victim was forwarded for medico legal examination. Applicant was arrested on
03.01.2024. He is in custody ever since. Statement of prosecutrix was recorded
under
Section 164
of CrPC. On completion of investigation, final report was
submitted on 14.01.2024.

Learned Counsel for the applicant, in addition to the grounds mentioned
in the application, submits that applicant has been falsely implicated in the
matter under pressure of the family members of the victim. Learned counsel
referring to the contents of FIR submits that the incident seems to be highly
improbable. Learned counsel further referring to the Medical Report submits
that the injuries found on person of the victim were reported to be caused within
24 hours, which prima facie shows false implication. Delay in lodging FIR
substantiates false implication with premeditation and preparation. Learned
counsel further submits that applicant is aged around 18 years and he has just
attained majority. He is pursuing his BSC Degree course. No criminal

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 23-02-2024

04:44:19 PM
antecedent is reported against the applicant. There is no likelihood of his
absconsion leaving his family and home. There is no likelihood of his
absconsion or tampering with the evidence. Jail incarceration on false allegations
is causing hardship to the young applicant. 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.

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,
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 Praveen Bajoriya shall be
released on bail in relation to Crime No. 02/2024 registered at Police Station
Civil Lines, District Morena (M.P.) for offence punishable under
Sections 376
,
,
,
of IPC and
Section 3
/
of the POCSO Act, upon furnishing a
personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with one
solvent surety of the same amount 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

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 23-02-2024

04:44:19 PM
(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;

(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.

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 23-02-2024

04:44:19 PM
C.C. as per rules.

(SANJEEV S KALGAONKAR)
JUDGE
Avi

Signature Not Verified

Signed by: AVINASH

BHARGAV

Signing time: 23-02-2024

04:44:19 PM