Madhya Pradesh High Court
Ramvaran Singh Gurjar vs The State Of Madhya Pradesh on 21 April, 2015
(Ramvaran Vs. State of M.P.) M.Cr.C. No.3239/2015
21.04.2015
Shri Atul Gupta, Advocate for the applicant.
Shri R.S.Sharma, Panel Lawyer for the respondent/State.
Shri Anand Purohit, Advocate for the complainant. Considering the I.A. No.3116/2015, an application under Section 301(2) of Cr.P.C. for assisting the prosecution.
Learned counsel for the applicant has no objection in this regard.
I.A. No.3116/2015 is allowed. Counsel for the complainant is allowed to assist the prosecution.
Heard.
This is the first application under Section 439 Cr.P.C. filed by the applicant for grant of regular bail.
The applicant (Ramvaran) is in custody since 29.11.2014, in connection with Crime No.475/2014, registered at Police Station-Maharajpura, District Gwalior, for the offence punishable under Sections 376-D, 342, 294 & 506 of IPC.
It is alleged that on 29.11.2014, the prosecutrix was taken to work by Contractor Charan Singh to D.D.Nagar. There Ramvaran Gurjar, Ramsanehi Pandit and Khacchu Gurjar kept her inside a room and committed sexual intercourse one by one. When she shouted, they threatened to kill her and also abused her by obscene words. On this report, crime was registered.
On behalf of the applicant, it is submitted that charge sheet has been filed. The prosecutrix has not sustained any (Ramvaran Vs. State of M.P.) M.Cr.C. No.3239/2015 injury. The prosecutrix has filed an affidavit before 5th ASJ, Gwalior, in which she has confirmed that the present applicant Ramvaran was not involved in the crime. This is also endorsed by the counsel for complainant that such an affidavit has been filed.
Learned Panel Lawyer for the State opposed the application for bail.
Keeping in view that the prosecutrix has refused her statement about the involvement of applicant Ramvaran, but without commenting anything on the merits of the case, application is allowed. It is directed that the applicant (Ramvaran) be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the 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 herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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;
(Ramvaran Vs. State of M.P.) M.Cr.C. No.3239/2015
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.
Certified copy as per rules.
(S.K. PALO) Judge Ashish*