Madhya Pradesh High Court
Alim Miya @ Raju Shah vs The State Of Madhya Pradesh on 3 April, 2019
1 MCRC-12549-2019
The High Court Of Madhya Pradesh
MCRC-12549-2019
(ALIM MIYA @ RAJU SHAH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-04-2019
Shri A.D. Mishra, learned counsel for the applicant.
Shri Rajesh Tiwari, learned G.A. for the respondent/State.
Heard with the aid of case diary.
This is first application under Section 439 Cr.P.C. Applicant Alim Miya @ Raju Shah was arrested on 30/12/2018 in connection with Crime No.665/2018 registered at Police Station Obedullaganj, District Raisen (M.P) for the offence punishable under Sections 363, 366, 376(2)(N) of the IPC and Section 5/6 of the POCSO Act.
A s per the prosecution case on 24/04/2018 applicant abducted the prosecutrix, who was minor and took her to Bhopal, where he kept her in a room and made sexual relation with her on the pretext of marriage.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The statements of the prosecutrix has been recorded by the trial Court. She did not support the prosecution story and turned hostile. The applicant is in custody since 30/12/2018. The charge-sheet has been filed and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant abducted a minor girl and committed rape with her, so he should not be released on bail.
Looking to the facts and circumstances of the case and as to the fact that the statements of the prosecutrix and her father have been recorded by the trial Court and the fact that the applicant is in custody since 30/12/2018 and charge-sheet has been filed and conclusion of trial will take time, so without commenting on the merits of the case, the application is allowed and applicant is directed to be released on bail upon his furnishing personal bond Digitally signed by ANURAG SONI Date: 04/04/2019 10:29:34 2 MCRC-12549-2019 in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial 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 them 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; and
6. The applicant will not leave India without previous permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 04/04/2019 10:29:34