Madhya Pradesh High Court
Sandeep vs The State Of Madhya Pradesh on 28 October, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 28th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 49796 of 2022
BETWEEN:-
SANDEEP, S/O SHRI MAKHANLAL VASDEV,
AGED ABOUT 19 YEARS, OCCUPATION:
FORMER R/O VILLAGE KATHONDIYA
SINGHPUR, TEHSIL P.S. DEORI DISTRICT
SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DEORI DISTRICT SAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ADITYA NARAYAN GUPTA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.
The applicant is in custody since 07.09.2022 in connection with Crime No.400/2022, registered at P.S.-Deori, District Sagar (M.P.) for the offence punishable under Sections 376, 323, 450 of IPC.
A s per prosecution story, on 20.07.2022, at 7 A.M. 22 years old prosecutrix filed an application in writing before Police Deori stating therein Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/29/2022 12:01:09 PM 2 that on 19.07.2022 at around 1:00 A.M. of the night her husband had gone to bring woods from the jungle. When she was sleeping in her room, someone pressed her mouth by means of pillow. At this, she gave her leg blow on the person of that man as light of room was on, she saw her husband's friend Sandeep Vasdev there inside the room. When she screamed Sandeep gagged her mouth, slapped her and thereafter forcilby took out her clothes and committed rape upon her. After sometime, she became unconscious. In the meantime, when her husband returned to home, she narrated the entire story to him. FIR was lodged. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He he has been falsely implicated. No rape was committed by him with the prosecutrix. A false story has been cooked up. Nobody goes in jungle for bringing woods at 1:00 A.M. in the night. Prosecutrix is a married lady. It is further submitted that prosecutrix has furnished her affidavit before the trial Court along with compromise application stating that she had lodged a false FIR at the behest of her husband as her husband had some dispute with the applicant. Therefore, it has been prayed that applicant be released on bail.
On the other hand, learned counsel for the respondent/State has opposed grant of bail to the applicant/accused.
Copy of the affidavit and compromise application filed before the trial Court has been annexed with the bail application. Therefore, without expressing any opinion on the merits of the case but having taking into consideration all the facts and circumstances of the case, I am of the view that it is a case in which further pre trial detention of the applicant is not warranted. Therefore, this first bail application under Section 439 of the Code of Criminal Procedure for grant Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/29/2022 12:01:09 PM 3 of bail filed on behalf of applicant stands allowed.
I t is directed that applicant - Sandeep 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 in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial;
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Jasleen Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/29/2022 12:01:09 PM 4 Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/29/2022 12:01:09 PM