Anoj Sheelu @ Annu @ Anuj vs. The State Of Madhya Pradesh
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Order Issued After Hearing
Purpose:
[Bail Applications U/S 439 Cr.P.C.]
Before:
Hon'ble Vishal Dhagat
Listed On:
19 Sept 2023
Order Text
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR 1
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 19 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 40464 of 2023
BETWEEN:-
ANOJ SHEELU @ ANNU @ ANUJ S/O SHRI SUKHELAL SHEELU, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR VILLAGE DODA SEMAR P.S. NOVEGAON TEHSIL JUNNARDEV DISTRICT- CHHINDWARA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SARVESH KUMAR JAISWAL - ADVOCATE)
AND
- 1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION NAVEGAON DISTRICT-CHHINDWARA (MADHYA PRADESH)
- 2. VICTIM A D/O NOT MENTION NOT MENTION (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A.S. PATHAK - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the following:
ORDER
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 29.11.2022 relating to FIR No.199/2022 registered at Police Station Novegaon District Chhindwara (M.P.) for the offences under sections 363, 366-A, 376, 376(2)(n), 344 of IPC and sections 4, 6 of the POCSO Act.
- Learned counsel appearing for the applicant submitted that applicant is
innocent and has falsely been implicated in the case. Prosecutrix is aged about 17 years and she was a consenting party. Applicant and prosecutrix were in affair.
-
Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that prosecutrix is minor and her consent is immaterial.
-
Heard the counsel for the parties.
-
Considering the facts that prosecutrix is aged about 17 years and there was love affairs between applicant and prosecutrix, bail application filed by applicant is allowed.
-
It is directed that applicant be released on bail on his furnishing personal bond of Rs.50,000/-(Rs. fifty thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.
-
The applicant shall also abide by the conditions enumeration under Section 437 (3) of Cr. P. C.
C.C. as per rules.
(VISHAL DHAGAT) JUDGE
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