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[Cites 7, Cited by 1]

Madhya Pradesh High Court

Param Singh @ Pappu vs The State Of Madhya Pradesh on 27 June, 2016

                         MCRC-9037-2016
          (PARAM SINGH @ PAPPU Vs THE STATE OF MADHYA PRADESH)


27-06-2016

  Shri S.K. Mishra, Advocate for the applicant.
        Shri A.K. Singh, Govt. Advocate for the respondent/State.

Heard. Case diary perused.

This is the first bail application under section 439 of Cr.P.C. on behalf of applicant Param Singh @ Pappu for offences punishable under Sections 354, 458, 323, 506, 294/34 of the I.P.C. in connection with Crime No. 37/2016 registered at Police Station Nohta, District Damoh.

The allegation against the applicant is that he alongwith co-accused in night entered into the house of prosecutix and embarrassed her and pressed her breast and on resistance beaten her.

Learned counsel for the applicant contends that applicant has been falsely implicated. He is in jail since 6/05/2016. It is further contended that there is no criminal antecedent of the applicant. Charge sheet has been filed. Trial would take considerable time to conclude. In such circumstances, prayer is made to enlarge the applicant on bail.

On the other hand, learned Panel Lawyer opposed the bail application and prayed that bail application may be rejected. Considering the arguments advanced by learned counsel for the parties and after perusal of case diary, in my considered opinion, this is not a fit case to enlarge the applicant on bail because the manner in which incident has taken place shows that the applicant has no fear of law at all and to outrage modesty of a woman entered her house in night in absence of her husband. If such incident is taken place then any women cannot feel safe in the house.

Looking to aforesaid facts and circumstances of the case the applicant is not entitled to be enlarged on bail. Hence, the bail application is rejected.

Certified copy as per rules.

(J. P. GUPTA) JUDGE