Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 8 July, 2019
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THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5595/2019
(Laxman Vs. State of M.P. & another)
Gwalior, dated : 08.07.2019
Shri D.S. Tomar, learned counsel for the applicant.
Shri M.M. Tripathi, learned Public Prosecutor for the
respondent/State.
Appellant has filed this criminal appeal under Section 14- A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 28.06.2019 passed by Special Judge (SC/ST Act), District-Ashok Nagar whereby bail application filed on behalf of appellant has been dismissed by the trial Court.
Appellant has been arrested on 24.06.2019 by Police Station Kachnar District Ashok Nagar in connection with Crime No. 82/2019 registered in relation to the offence punishable under sections 363, 366, 376 of IPC, Section 3/4 of Protection of Children From Sexual Offences Act and Section 3(2)(5), 3(1) c (l) of SC/ST (Prevention of Atrocities) Act.
It is the submission of the counsel for the appellant that it is matter of consent which is reflected from the statement recorded under Section 164 of Cr.P.C. He undertakes to cooperate in the investigation/ trial and would make himself available if required. Therefore, prayed for bail.
Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application. 2
THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5595/2019 (Laxman Vs. State of M.P. & another) Heard the learned counsel for the parties and perused the record.
Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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 and would not move in the vicinity of the complainant;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The appellant shall mark his presence before the concerned police station/ Investigating Officer on every 3 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.5595/2019 (Laxman Vs. State of M.P. & another) Monday between 10:00 AM to 2:00 PM till filing of the charge-
sheet.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge neetu NEETU SHASHANK 2019.07.08 05:27:42 -07'00'