Madhya Pradesh High Court
Pappu @ Gyan Singh Mehra vs The State Of Madhya Pradesh on 4 October, 2021
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1 MCRC-29729-2021
The High Court Of Madhya Pradesh
MCRC-29729-2021
(PAPPU @ GYAN SINGH MEHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 04-10-2021
Shri Sourabh Singh Thakur, learned counsel for the applicant.
Shri Pradeep Sahu, learned counsel for the respondent/State.
Heard on I.A.No.16898/2021, which is an application for taking additional document on record.
On due consideration, the application is allowed. Document is directed to be taken on record.
Also heard on first application filed by the applicant/accused under S ec tio n 439 of Cr.P.C for grant of bail in connection with Crime No.302/2020, registered at Police Station Mandideep, District Raisen (M.P.) for the offences punishable under Sections 363, 366, 376 (3) & 376(2)(n) of I.P.C. and Section 5L/6 of Protection of Children From Sexual Offence Act, 2012.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. During examination before the trial court, the prosecutrix has not supported the prosecution case and turned hostile. The applicant is confined in custody since 20.01.2021 and the trial will take time to conclude. On these grounds, prayer is made to enlarge the applicant on bail.
P er contra, learned Panel Lawyer opposed the bail application and prayed for its rejection.
Keeping in view the entire facts and circumstances of the case, the fact t h a t during examination before the trial court, the prosecutrix has not supported the prosecution case and turned hostile and on perusal of the material available on record including the case diary, this Court is of the considered view that the applicant may be enlarged on bail.
Hence, without commenting on the merits of the matter, the application Signature Not Verified SAN is allowed.
Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.10.05 10:09:11 IST2 MCRC-29729-2021 It is directed that applicant Pappu @ Gyan Singh Mehra be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and a solvent 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. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.10.05 10:09:11 IST