Madhya Pradesh High Court
Manoj Balmik vs The State Of Madhya Pradesh on 24 June, 2014
M.Cr.C.No.2877/2014(Manoj Valmik Vs. State of M.P.)
1
24.6.2014.
Applicant by Shri Pradeep Katare, Advocate.
Respondent/State by Ku. Nutan Saxena, Public
Prosecutor.
Complainant by Shri Ankur Maheshwari, Advocate. Heard.
This is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.17/2014 registered at Police Station Aswar, District Bhind for the offence punishable under Sections 363 and 366/34 of IPC.
As per the prosecution case, complainant has gone to Gwalior for treatment, on 5.3.2014 his mother and wife informed that his daughter aged about 15 years has left the house in the night, then complainant came back, thereafter his wife and mother told him that Sanjay and Babloo came to the house of Santu and they also visited the house of complainant and they are talking with the daughter of the complainant and Babloo was saying with daughter of the complainant that she should marry with Sanjay and thereafter Babloo, Sanjay along with Manoj took his daughter.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. The daughter of the complainant is major and she M.Cr.C.No.2877/2014(Manoj Valmik Vs. State of M.P.) 2 has willfully left her house. The applicant is under custody since 8.3.2014. Hence, prayed for bail.
The prayer is opposed by learned Public Prosecutor on the ground that daughter of the complainant is minor and date of birth of daughter of complainant is 9.6.1999.
Case diary perused.
As per the mark-sheet, the date of birth of the victim has been mentioned as 9.6.1999, thus, prima facie the victim is minor. The victim has not been traced so far. The applicant is in custody since 8.3.2014. Considering the facts and circumstances of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
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 M.Cr.C.No.2877/2014(Manoj Valmik Vs. State of M.P.) 3 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 Court concerned for compliance.
C.C. as per rules.
(D.K.Paliwal) Judge pawar/-