Pawan Rawat vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

 Heard on this second application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

First application filed on behalf of the applicant was dismissed on merit vide order dated 11/8/2020 passed in M.Cr.C. No.19420/2020.

The applicant is in jail since 31/3/2020 in connection with Crime No.47/2020, registered at Police Station-Harpalpur, District- Chhatarpur for the

offence under Sections 376D, 506 of IPC.

The allegation against the applicant, in short, is that prosecutrix who was 32 years old married lady went to observe Darshan of Devi at temple. Co-

accused Bablu Pathak who was previously known to her, met her, caught her hand and dragged her in secluded place where applicant was already

present and both committed gang rape upon her turn by turn.

Learned senior counsel for the applicant submits that the applicant has falsely been implicated in the case. It is further submitted by him that

prosecutrix recorded her statement before the trial Court and DNA report has also received by the trial Court. In her statement recorded before the

trial Court, prosecutrix has not supported the case of prosecution against the applicant. In support of his contentions, learned senior counsel has filed

certified copy of the statement of prosecutrix recorded before the trial Court. In such circumstances, it is prayed that the applicant may be enlarged on

bail.

On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that DNA report does not support the case

of prosecution against the applicant and prosecutrix turned hostile before the trial Court and did not state anything against the applicant.

Having heard learned counsel for the parties, perused the case diary.

Perused the statement of prosecutrix recorded before the trial Court. No doubt, prosecutrix turned hostile and has not supported the case of

prosecution against the applicant. She has not stated that applicant raped her turn by turn. DNA report has also not supported the case of prosecution

against the applicant. In such circumstances, this Court is inclined to allow this application. Hence the application is allowed.

It is directed that applicant-Pawan Rawat shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand

Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition

that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules.