Madhya Pradesh High Court
Ajay Kuamr Verma vs The State Of Madhya Pradesh on 20 June, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.20921/2019
(Ajay Kumar Verma Vs. State of M.P.)
1
Jabalpur, Dated : 20.06.2019
Shri R.S. Patel, counsel for the applicant.
Shri Shivam Hazare, P.L. for the respondent / State.
Heard with the aid of case diary.
This is first bail application filed by the applicant Ajay Kumar Verma under Section 438 of CrPC for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No 133/2019, registered at P.S - Kotwali, District - Tikamgarh under Sections 452, 354, 323, 294, 34 of IPC.
As per the prosecution story, on 16/09/2017 at about 04:00 pm when prosecutrix was alone in her house applicant Ajay Verma, son of the co-accused Ramesh Kumar Verma entered into the house of the prosecutrix and molested her. On hearing her shouting, Chakkilal Rajak came on the spot, on seeing him applicant Ajay Verma fled away from her house. Thereafter applicant Ajay Kumar Verma and co-accused Ramesh Verma, Anuj Yogi and Alok Gupta came to prosecutrix house and abused Chakkilal Rajak. When Chakkilal Rajak objected, they assaulted him by stick. When prosecutrix came to rescue him applicant and other co-accused also assaulted her.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The alleged offence is said to have occurred on 16/09/2017 while prosecutrix lodged the report on 03/03/2019. There is no plausible explanation regarding delay in lodging FIR. Co-accused Ramesh Kumar Verma has been enlarged on anticipatory bail by this Court vide order dated 25.04.2019 passed in M.Cr.C.15090/2019. Applicant has no criminal past and he is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.20921/2019 (Ajay Kumar Verma Vs. State of M.P.) 2 Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question so he should not be released on bail.
Looking to the facts and circumstances of the caseand as to the fact that the alleged offence is said to have occurred on 16/09/2017 while prosecutrix lodged the report on 03/03/2019, without expressing any view on the merits, this application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the applicant Ajay Kumar Verma shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Officer for his regular appearance before the Police during the investigation or before the Court during 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 investigation/trial, as the case may be;
3. The applicant 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/her 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/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House Officer for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date:
2019.06.21
11:12:49 +05'30'