Madhya Pradesh High Court
Jeetu @ Jitendra Kushwah vs The State Of Madhya Pradesh on 21 January, 2019
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THE HIGH COURT OF MADHYA PRADESH
MCRC.50880.2018
(Jeetu alias Jitendra Vs. State of M.P.)
GWALIOR; dated 21.01.2019.
Shri Navnidhi Padaraya, learned counsel, for the applicant.
Shri Devendra Chaubey, learned Public Prosecutor for the
respondent/State.
Heard the counsel for the parties and case diary perused. The applicant has filed this application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 11.07.2018, in connection with Crime No.247/2018, registered at Police Station Pichhore district Shivpuri, for the offence punishable under Sections 376, 506 and 450 of the IPC.
It is the submission of learned counsel for the applicant that the case is of false implication as the alleged offence has been committed 15 days prior to the report lodged by the prosecutrix. As per her statement recorded under Section 161 of the Cr.P.C, one towel of applicant was left over at the prosecutrix's residence but no such towel has been seized by the prosecution as evidence to suggest such story. The applicant is in custody since 11.07.2018 and therefore, confinement would amount to pre-trial detention as charge sheet has already been filed. He is ready to cooperate in the investigation. On these grounds, he prayed for grant of bail to the applicant.
Learned Public Prosecutor for the State opposed the prayer made by the applicant and prayed for dismissal of this application.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions :-
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, 2 THE HIGH COURT OF MADHYA PRADESH MCRC.50880.2018 (Jeetu alias Jitendra Vs. State of M.P.) 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;
7. The applicant shall not move in the vicinity of prosecutrix and would not try to contact her.
A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.
(Anand Pathak) Judge Rks.
R. K. SHARMA 2019.01.21 17:28:15 +05'30'