This order grants bail to an applicant arrested for offences involving child trafficking and sexual exploitation under IPC and POCSO. The High Court ordered release conditioned on furnishing a cash surety of Rs. 25,000 and a personal bond.
Grant of bail subject to a cash surety of Rs. 25,000/- and personal bond of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 10th OF MAY, 2023
MISC. CRIMINAL CASE No. 17688 of 2023
BETWEEN:-
DINESH KUSHWAH S/O MAHAVEER KUSHWAH, AGED ABOUT 27 YEARS, R/O GRAM CHHOTI BILHETI THANA BIJOLI, GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIJAY SUNDARAM- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION ANDORI, DISTT. GWALIOR (MADHYA PRADESH)
2. RAJ SINGH KUSHWAH S/O SHRI VIJAYRAM KUSHWAH R/O RAMPAL KA PURA THANA ANDORI BHIND (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SUSHANT TIWARI- PUBLIC PROSECUTOR FOR THE STATE)
This application coming on for hearing this day, the court passed the following:
ORDER
This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 11.02.2023 by Police Station- Andori, District- Bhind (M.P.) in connection with Crime No.11/2023 for the offence
punishable under Sections 363, 366, 366A, 376D of IPC read with Sections 3,4 Signature Not Verified Signed by: MADHU SOODAN PRASAD of the POCSO Act. Signing tim e: 11 -05-2023 10:52:02 AM
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Prosecution case in brief is that on 8.2.2023 father of the prosecutrix lodged a report that his daughter, the prosecutrix, aged about 15 years is missing. He searched her at nearby places, but could not find her. On his report, offence under Section 363 of IPC was registered. She was recovered on 10.2.2023. Her statement was recorded in which she has stated that she is aged about 15 years and studying in 9th standard. In the marriage of her cousin, she came in contact of present applicant. Thereafter, she started talking with him on mobile. He proposed her for marriage. She also liked him. On 6.2.2023 her parents and brother went to Gwalior Fair, at about 5 pm applicant telephoned her and called her outside the village. She on her own went to the Canal and from there applicant took her on motorcycle to Delhi. As they did not find any room in the hotel, they came back to Mathura and thereafter Agra and from Agra on 8.2.2023 they came to Gwalior. They purchased blanket and some clothes from Gwalior Fair and slept there. On 9.2.2023 applicant took her to a hotel at Purani Chhawani and committed sexual intercourse with her. On 10.2.2023 when they were taking breakfast, police caught hold of them. After her statement, offences under Section 366, 366A, 376D of IPC read with Sections 3,4 of the POCSO Act were enhanced. She was sent for medical examination. Nothing adverse came in her medical report. Applicant has been arrested on 11.2.2023. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is in custody since 11.2.2023. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. The applicant is ready to abide by all the terms and conditions as may Signature Not Verified Signed by: MADHU SOODAN PRASAD be imposed by this Court. With the aforesaid submissions, prayer for grant of Signing tim e: 11 -05-2023 10:52:02 AM
bail is made out.
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Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Looking to the overall 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 cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) with personal bond of the like amount 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 default, cash surety of Rs. 25,000/- shall stand forfeited automatically.
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
ms/-
Signature Not Verified
Signed by: MADHU SOODAN PRASAD Signing tim e: 11 -05-2023 10:52:02 AM
2 issues framed by the court
Whether to grant bail to the accused charged with offences under sections 363, 366, 366A, 376D of IPC and corresponding sections of the POCSO Act.
Whether the accused should furnish cash surety and personal bond for release on bail.
3 provisions across 3 enactments
DINESH KUSHWAH
THE STATE OF MADHYA PRADESH
RAJ SINGH KUSHWAH
DEEPAK KUMAR AGARWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
