Madhya Pradesh High Court
Himanshu @ Prakhar Gupta vs The State Of Madhya Pradesh on 19 October, 2015
( 1) M.Cr.C No.11192/2015
Himanshu @ Prakhar
Vs.
State of Madhya Pradesh
19/10/2015
Shri Atul Gupta, Advocate for the applicant.
Shri Rajendra Singh Yadav, P.P for respondent / State.
This is the first application for regular bail under Section 439 of Cr.P.C. The applicant has been arrested on 15.9.2015 in connection with Crime No.487/2015, registered at Police Station Gwalior District Gwalior for the offences punishable under Section 354(d), 507, 509 341 of IPC and 11/12 of Protection of Children from Sexual Offices Act, 2012.
As per prosecution story, the prosecutrix is a minor, was being teasing and harassed by the applicant by speaking obscene words. He also threatened her of her life that if she does not love him he will kill her. On 14.9.2015 when she was returning from coaching class, the applicant stalked her. Then the prosecutrix called her mother and her sister. Because of constant harassment by obscene words on mobile she lodged the report.
On behalf of the applicant, it is submitted that the applicant has completed 18 years of age, two months ago. It is also argued that the applicant and the prosecutrix were exchanging messages ( 2) M.Cr.C No.11192/2015 regularly. It is further argued that the sections of IPC are bailable offences, only offence under Section 11/12 of Protection of Children from Sexual Offences Act, 2012 is non-bailable one. Therefore, applicant be given the benefit of regular bail.
Learned P. P. for the State vehemently opposed the application.
Keeping in view the above, coupled with the fact, that the applicant is of tender age. Keeping him in custody would not only make him come into contact with hardcore criminals, but also it will have adversely effect for his career.
Considering the same, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rs. Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard 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) M.Cr.C No.11192/2015
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 they are accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. In case of any breach of any of the conditions above the learned Trial Court would be at liberty to reconsider on the question of bail.
Certified copy as per rules.
(S.K. Palo) JUDGE dcs/-