Devendra Yadav vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 31.7.2021 in connection with Crime No.340/2021, registered at P. S. Madan Mahal, District Jabalpur (M.P.) for commission of offence punishable under Sections 452, 354, 354-Ka, 354-Kha, 354-Ga, 327, 294, 323, 506, 147, 148, 109, 112, 114, 120-B, 392 and 201 of IPC.

As per prosecution case, it is alleged against the applicant that he along with other co-accused persons entered into the house of the complainant and they abused, assaulted and forcefully took off the upper cloth of complainant and other girls and captured their picture/video, thereafter made the same viral.

Learned counsel for the applicant submits that complainant along with Muskan Khan and other girls were involved in prostitution on the date of incident i.e. on 25.07.2021. Applicant along with other persons as well as residents of the locality caught them red handed and Police of Police Station-Madan Mahal have filed criminal complaint bearing no.94/577/2021 under Section 151/107, 116(3) of Cr.P.C. against the complaint. Complainant, as a counter-blast, after four days of the incident, filed false and fabricated report against the applicant. FIR is delayed by four days without any reasonable cause. Police instead of taking action under PITA against the complainant made false and fabricated case against the applicant and other co-accused persons. No case is made out against the applicant. Co-accused persons- J.P. Singh and Reetesh have been enlarged on regular bail by this Court vide order dated 08.10.2021 and 21.10.2021 passed in M.Cr.C. No.50061/2021 and M.Cr.C. No.50341/2021 respectively, therefore, applicant also deserves to be

Learned counsel for the respondent-State opposes the application and submits that complainant and other girls have specifically stated about the acts of the applicant. He is main accused named in the FIR. He has criminal antecedents, offences alleged against the applicant are of serious in nature, therefore, he be not enlarged on bail.

Having considered the rival submissions made by the learned counsel for the parties, criminal complaint filed by the Police against the complainant and other material produced on record, period of delay in lodging the FIR, and also considering the other facts and circumstances of the case, in view of this Court applicant deserves to be enlarged on bail with certain stringent condition. Hence, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that applicant shall be released on bail on furnishing his personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

It is further directed that applicant shall not involve in such type of offences in future.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicants.

C. C. as per rules.