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Narendra Singh Parste vs The State Of Madhya Pradesh on 20 August, 2018

1
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C.No.31214/2018
(Ganesh Shankar Singh Vs. State of M.P.)
M.Cr.C.No.31769/2018
(Narendra Singh Dhurve Vs. State of M.P.)

M.Cr.C No.32453/2018
(Narendra Singh Paraste Vs. State of M.P.)

J A B A L P U R, Dated: 20.08.2018
Shri S.K. Tiwari, counsel for the petitioner Ganesh
Shankar Singh in M.Cr.C.No.31214/2018, petitioner
Narendra Singh Dhurve in M.Cr.C.No.31769/2018 and
petitioner Narendra Singh Paraste in
M.Cr.C.No.32453/2018.
Shri Deependra Mishra, Government Advocate for the
respondents/State.

Since, all the aforesaid three miscellaneous criminal
cases have arisen from the same crime number, they have
been heard analogously and are being disposed of by this
common order.

Heard on these second applications under section 439
of the Code of Criminal Procedure filed on behalf of
petitioners Ganesh Shankar Singh and Narendra Singh
Dhurve and first application under section 439 of the Code
of Criminal Procedure filed on behalf of petitioner Narendra
Singh Paraste for bail, in Crime No.86/2017 registered by
P.S.-Rajendragram, District- Annupur under Sections 376,
376 (2), 376 (D) and 394 of the Indian Penal Code.

First application for the same relief filed on behalf of
petitioner Ganesh Shankar Singh was dismissed by this Court
by order dated 23.10.2017 passed in M.Cr.C.No.11917/2017.

Digitally signed by S HUSHMAT
HUSSAIN
Date: 20/08/2018 17:39:02
2
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C.No.31214/2018
(Ganesh Shankar Singh Vs. State of M.P.)
M.Cr.C.No.31769/2018
(Narendra Singh Dhurve Vs. State of M.P.)

M.Cr.C No.32453/2018
(Narendra Singh Paraste Vs. State of M.P.)

First application for the same relief filed on behalf of
petitioner Narendra Singh Dhurve was also dismissed by this
Court by order dated 23.10.2017 passed in
M.Cr.C.No.12855/2017.

As per the prosecution case, on the date of the offence,
the prosecutrix was a major, unmarried girl aged about 18
years. At about 04:30 p.m. on 31.05.2017, she was returning
home with her brother-in-law (Jija) Chhotelal from her
sister’s place. They were taking rest in the jungle. At that
time, petitioners namely Ganesh Shankar Singh, Narendra
Singh Dhurve and Narendra Singh Paraste arrived. They beat
Chhotelal and raped the prosecutrix taking turns. Thereafter,
they looted three mobile phones and Rs.1,500/- from their
possession. At that time, witnesses Shatranj Singh @ Bhole
and Jaipal arrived on the spot and rescued the prosecutrix.

Learned counsel for the petitioners submit that the
prosecutrix, her brother-in-law Chhotelal and witnesses Jaipal
and Shatranj Singh @ Bhole have been examined by the trial
Court. All of them have turned hostile and have not supported
the prosecution case at all. The prosecutrix and Chhotelal
have stated that the present accused persons had not
committed any offence against them. The prosecutrix (PW-1)
has stated that one person had arrived on the spot and had an
altercation with her brother-in-law Chhotelal; however, that

Digitally signed by S HUSHMAT
HUSSAIN
Date: 20/08/2018 17:39:02
3
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C.No.31214/2018
(Ganesh Shankar Singh Vs. State of M.P.)
M.Cr.C.No.31769/2018
(Narendra Singh Dhurve Vs. State of M.P.)

M.Cr.C No.32453/2018
(Narendra Singh Paraste Vs. State of M.P.)

person is not the accused in the case. Petitioners Ganesh
Singh Shankar and Narendra Singh Dhurve have been in
custody since 04.06.2017and petitioner Narendra Singh
Paraste has been in custody since 03.07.2017; therefore it has
been prayed that petitioners be released on bail.

Learned Government Advocate for the respondent/State
on the other hand has opposed the bail application mainly on
the ground that the prosecution evidence cannot be
appreciated or evaluated for the purpose of granting bail to an
accused person.

By way of counter arguments, learned counsel for the
petitioners submits that this is not a case of appreciation or
evaluation of prosecution evidence but total lack thereof.
Therefore, it would not be appropriate to keep the petitioner
in custody during the entire length of the trial.

Keeping in view the facts and circumstances of the case
in their entirety, particularly the facts, as pointed out by
learned counsel for the petitioners, in the opinion of this
Court, now the petitioners deserve to be released on bail.

Consequently, these second applications under section
439 of the Code of Criminal Procedure filed on behalf of
petitioners Ganesh Shankar Singh and Narendra Singh
Dhurve and first application under section 439 of the Code

Digitally signed by S HUSHMAT
HUSSAIN
Date: 20/08/2018 17:39:02
4
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C.No.31214/2018
(Ganesh Shankar Singh Vs. State of M.P.)
M.Cr.C.No.31769/2018
(Narendra Singh Dhurve Vs. State of M.P.)

M.Cr.C No.32453/2018
(Narendra Singh Paraste Vs. State of M.P.)

of Criminal Procedure filed on behalf of petitioner Narendra
Singh Paraste for bail, are allowed.

It is directed that the petitioners shall be released on
bail on furnishing a personal bond in the sum of Rs.40,000/-
with one solvent surety in the same amount each to the
satisfaction of the trial Court for their appearance before that
Court on all dates fixed in the case and for complying with
the conditions enumerated under Section 437 (3) of the Code
of Criminal Procedure.

Certified Copy as per rules.

(C. V. Sirpurkar)
sh Judge

Digitally signed by S HUSHMAT
HUSSAIN
Date: 20/08/2018 17:39:02

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