IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.988 OF 2025 (Arising out of SLP(Criminal) No.10379 of 2024)
MANOJ KUMAR ...APPELLANT(s) VERSUS
STATE OF
MADHYA PRADESH & ANR. ...RESPONDENT(S)
J UDGMENT
1. Leave granted.
2. The present appeal is directed against the impugned order dated 12.07.2024 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Criminal Case No.28536 of 2024, whereby the High Court has dismissed the application seeking anticipatory bail in connection with F.I.R. No.284 of 2024 dated 02.06.2024 registered with Hazira Police Station, District Gwalior (M.P.) for the offence under Sections 376, 376(2)
CRIMINAL APPEAL NO.988 OF 2025 1
(n), 506 of IPC and Sections 3, 4, 5L & 6 of the Protection of Children from Sexual Offences Act, 2012.
3. Heard learned counsel for the parties. 4. It is submitted by the learned counsel for the appellant that the charge sheet has been filed and the charge also has been framed by the Court.
5. The learned counsel for the respondent No.1 – State also does not dispute the said position and submits that the appellant had cooperated with the investigation and his custodial interrogation is not required. However, the learned counsel for the respondent No.2 - complainant has objected to grant of the present appeal.
6. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits of the case, the appeal is accepted.
7. Hence, it is directed that in the event of arrest of the appellant in
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connection with F.I.R. No.284 of 2024 dated 02.06.2024 registered with Hazira Police Station, District Gwalior (M.P.), he shall be released on bail on the terms and conditions that may be imposed by the Trial Court.
8. It goes without saying that any breach of the conditions that may be imposed by the Trial Court for releasing him on bail, shall entail cancellation of the bail.
9. Subject to the afore-stated, the present appeal is allowed.
10. Pending application(s), if any, shall stand disposed of.
NEW DELHI;
28TH FEBRUARY, 2025.
......................J. (BELA M. TRIVEDI)
......................J. (PRASANNA B. VARALE)
CRIMINAL APPEAL NO.988 OF 2025 3
ITEM NO.2 COURT NO.9 SECTION II-A
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).10379/2024
[Arising out of impugned final judgment and order dated 12-07-2024 in MCRC No.28536/2024 passed by the High Court of Madhya Pradesh at Gwalior]
MANOJ KUMAR Petitioner(s)
VERSUS
STATE OF
MADHYA PRADESH & ANR. Respondent(s)
(IA No. 169304/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 169306/2024 - EXEMPTION FROM FILING O.T. AND IA No. 169303/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)
Date : 28-02-2025 This matter was called on for
hearing today.
CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE
For Petitioner(s) : Ms. Prachi Goel, Adv. Mr. Kailash Prashad
Pandey, AOR
For Respondent(s) : Mr. Aditya Singh GA, Adv.
Mr. Yashraj Singh Bundela, AOR
CRIMINAL APPEAL NO.988 OF 2025 4
Mr. Varun Chandiok, Adv.
Mr. Alok Kumar, AOR
UPON hearing the counsel the Court made the
following
ORDE R
1. Leave granted.
-
In terms of the signed Judgment, the
Criminal Appeal is allowed. -
Pending application(s), if any, shall
stand disposed of.
(RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH)
(signed Judgment is placed on the file)
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