Sonu Pal vs The State Of Madhya Pradesh on 7 July, 2022

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Madhya Pradesh High Court

Sonu Pal vs The State Of Madhya Pradesh on 7 July, 2022

Author: Rajeev Kumar Shrivastava

Bench: Rajeev Kumar Shrivastava

                                  1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                           ON THE 7th OF JULY, 2022

           MISCELLANEOUS CRIMINAL CASE No. 32676 of 2022

           Between:-
           SONU PAL S/O SHRIPAT PAL , AGED ABOUT 30
           YEAR S , OCCUPATION: PVT. JOB SAHIBA KI
           BAGIYA KE NEECHE , MADHAV NAGAR GALI
           NO 5 GOL PAHADIYA LASHKAR GWALIOR
           (MADHYA PRADESH)

                                                              .....PETITIONER
           (BY SHRI SHIV PRATAP SINGH - ADVOCATE )

           AND

1.         THE STATE OF MADHYA PRADESH INCHARGE
           POLICE STATION P.S. JANAKGANJ DISTRICT
           GWALIOR (MADHYA PRADESH)

2.         PROSECUTRIX THR. PS JANAKGANJ GWALIOR
           (MADHYA PRADESH)

                                                           .....RESPONDENTS
           (BY MS ABHA MISHRA - LEARNED PUBLIC PROSECUTOR FOR
           THE RESPONDENT-STATE )

       This application coming on for hearing this day, the court passed the

following:
                                   ORDER

The applicant has filed this second application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 24/03/2022 by Police Station Janakganj District Gwalior (M.P.) in connection with Crime No. 300/2022 registered for offence under Sections 354, 354(d) and 294 of the IPC and Section 9M/10 of the POCSO Act.

It is submitted by learned counsel for the applicant that this is second bail application under Section 439 of the Cr.P.C. Applicant is in custody since 24/03/2022. Earlier one application was dismissed as withdrawn at the very outset. It is submitted that allegations are false, as there was dispute with regard to payment of borrowed money. There is no criminal antecedents against the applicant. Present applicant was running grocery shop. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the prayer and has submitted that in the present case, alleged offence has been committed by the present applicant with the prosecutrixes who both are aged about 7 years . Considering the nature of gravity, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts & circumstances of the case and the fact that trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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 applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be forfeited;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Prachi PRACHI MISHRA 2022.07.08 10:06:50 +05'30'

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