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Madhya Pradesh High Court · body

2022 DIGILAW 1206 (MP)

Mahendra Jhariya v. State of Madhya Pradesh

2022-09-27

DINESH KUMAR PALIWAL

body2022
JUDGMENT 1. These two first bail applications under Section 439 of Cr.P.C. have been filed on behalf of the applicants for grant of bail, pending the trial. 2. The applicants have been arrested in connection with Crime No.187/2022, registered at Police Station - Adegaon, District -Seoni (M.P.) for commission of offence punishable under Sections363, 366, 376(2)(n) and 506 of IPC and Section 3/4 of the POCSO Act, 2012. Applicants Mahendra Jhariya and Chatra Kumar Jhariya are in jail since 25.8.2022 and applicants Anil Jhariya and Madan Jhariya are in jail since since 18.8.2022. 3. As per the prosecution story, on 12.6.2022 prosecutrix's father lodged an FIR stating that he is blessed with two son and one daughter. His 15 years and 10 months old daughter is missing from home since 10.6.2022. On the basis of information given by the father, FIR was registered for commission of offence under Section 363 of IPC. On 16.6.2022 prosecutrix appeared at Police Station. In her statement recorded under Section 164 of Cr.P.C. she stated nothing against the present applicants but later, on 13.7.2022 again her statement under Section 161 and 164 of Cr.P.C. was recorded and in that statement she changed the earlier version and stated that on 10.6.2022 Prem Narayan forced her to sit in the car and took her to Nagpur. In Nagpur they stayed in a room where Prem Narayan committed aggravated sexual assault upon her. 4. Thereafter, they both came to Jabalpur from bus at Jabalpur and stayed at Jabalpur. In Jabalpur too Prem Narayan committed aggravated sexual assault on her. When they were in Katni, someone informed Prem Narayan that FIR has been lodged. At this they both returned to Jabalpur. In Jabalpur Anil Jhariya came from motorcycle to took them, when they reached near Devgaon forest, father, uncle and maternal uncle Madan Jhariya of Prem Narayan came there and took her to police station. There they remain waiting for entire day but police did not take any action. Thereafter Premnarayan and his maternal aunt's son took her to Pathlon where she remained for two days. In Pathlon, Premnarayan's father, uncle, cousin and maternal uncle threatened her to give statement as per their tutoring. She had given earlier statement under the pressure of father, uncle and maternal uncle of Prem Narayan. Thereafter Premnarayan and his maternal aunt's son took her to Pathlon where she remained for two days. In Pathlon, Premnarayan's father, uncle, cousin and maternal uncle threatened her to give statement as per their tutoring. She had given earlier statement under the pressure of father, uncle and maternal uncle of Prem Narayan. Thereafter, Section for commission of offence under 376(2)(n), 366 and 506 of IPC and Section 3/4 of POCSO Act were added against Prem Narayan and present applicants and were also arrested. 5. Learned counsel for the applicants has submitted that present applicants have not committed any offence. There are no allegations against them about kidnapping and committing any aggravated sexual assault or rape upon the minor prosecutrix. The only allegation against them is that they being father, uncle cousin and maternal uncle of Prem Narayan had received them and have taken them to police station and had threatened her to give statement as per their tutoring. It is further submitted that prosecutrix in her earlier statement stated nothing against the present applicants but under the pressure of her father and family members a false story has been cooked up and they have been falsely implicated in the offence due to enmity and dirty politics of village. Therefore, it has been prayed that applicants be released on bail. 6. On the other hand, learned counsel for the objector and learned Panel Lawyer for the State has opposed the grant of bail to the applicants. 7. I have gone through the two statements given by the prosecutrix under Section 164 of Cr.P.C. before the JMFC and other material on record. Having taken into consideration all the facts and circumstances of the case and allegations against the present applicants, without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicants/accused is not warranted. Consequently, these two first bail applications under Section 439 Cr.P.C. are hereby allowed. 8. Consequently, these two first bail applications under Section 439 Cr.P.C. are hereby allowed. 8. It is directed that applicants-Anil Jhariya and Madan Jhariya in M.Cr.C. No.43354/2022 and applicants -Mahendra Jhariya and Chatra Kumar Jhariya be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 10. This order will remain operative subject to compliance of the following conditions by the applicants:- 1. The applicants will comply with all the terms and conditions of the bond executed by them. 2. The applicants will cooperate in the trial. 3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be. 4. The applicants shall not commit an offence similar to the offence of which they are accused. 5. The applicants will not seek unnecessary adjournments during the trial. 11. This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules.