Madhya Pradesh High Court
Smt. Usha Rawat vs The State Of Madhya Pradesh on 11 September, 2019
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No 36669/2019
(Smt. Usha Rawat & another Vs The State of M.P. )
Gwalior, Dated : 11/09/2019
Shri C.P. Singh, learned counsel for the applicants.
Shri Sushant Tiwari, learned Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicants have filed this third bail application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 12/07/2019 passed in M.Cr.C. No. 23304/2019 with the liberty to revive his prayer after considerable period of custody and second bail application was also dismissed as withdrawn vide order dated 09/08/2019 passed in M.Cr.C. No. 32812/2019.
The applicants have been arrested by Police Station Civil Line Morena (M.P.) in connection with Crime No. 321/2019 registered in relation to the offence punishable under sections 3,4,7 and 8 of the Immoral Traffic Prevention Act.
THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No 36669/2019 (Smt. Usha Rawat & another Vs The State of M.P. ) Allegations against the applicants in short is that they were running brothel which amount to illegal trafficking. On the aforesaid basis, crime has been registered.
Learned counsel for the applicants submits that applicants have falsely been implicated in the matter and they are in custody since 30/05/2019. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter and the offence are triable by the JMFC. The applicants are in jail more than three months. The maximum punishment for the aforesaid offence are not more than two years. Conclusion of trial is likely to take time. Earlier co-accused Kuldeep Rawat has also been released on bail vide order dated 27/08/2019 passed in M.Cr.C. No. 33328/2019. The applicants are a permanent resident of Morena and Gwalior (M.P.) respectively and there is no likelihood of their absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor has opposed the application and prayed for its rejection.
THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No 36669/2019 (Smt. Usha Rawat & another Vs The State of M.P. ) Considering the fact that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) each with two solvent sureties of Rs.50,000/- (Rupees fifty thousand) each to the satisfaction of the concerned trial Court/Committal Court for their appearance during trial on the dates fixed by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No 36669/2019 (Smt. Usha Rawat & another Vs The State of M.P. )
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, asthe case may be.
A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.
(S.A.Dharmadhikari) JUDGE Prachi PRACHI MISHRA 2019.09.11 17:33:48 +05'30'