Madhya Pradesh High Court
Sheikh Shahrukh vs The State Of Madhya Pradesh on 17 September, 2019
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-37473-2019
The High Court Of Madhya Pradesh
MCRC-37473-2019
(SHEIKH SHAHRUKH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 17-09-2019
Shri Rahul Tripathi, learned counsel for the applicant.
Shri M.K. Jha, learned Government Advocate for the respondent/State.
None for the victim/respondent no.2.
Heard. Perused the case diary.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 376/2019 registered at P.S. Seoni, District - Seoni (M.P.) for the offence punishable under sections 363, 366-A, 376, 120-B of IPC and sections 3, 4 of POCSO Act, 2012.
As per the prosecution story, the allegation against the applicant is that he has abducted the minor prosecutrix and committed rape upon her.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 12/06/2019. Prosecutrix is more than 16 years. It is further submitted that looking to the statement of prosecutrix recorded u/s 164 of Cr.P.C. the matter appears to be of consensual relationship. Charge- sheet has been filed and trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Government Advocate has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.
Looking to the facts and circumstances of the case alongwith the statement of prosecutrix recorded u/s 164 of Cr.P.C., this application is allowed without commenting anything on the merits of the case. It is ordered that the applicant/accused Sheikh Shahrukh be released on bail on his furnishing a personal bond for the sum of Rs. 60,000/- (Rs. Sixty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Digitally signed by NAVEEN NAGDEVE Date: 18/09/2019 02:47:14 2 MCRC-37473-2019 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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 any offence during the entire period of bail.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court;
7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and
8. The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE navin Digitally signed by NAVEEN NAGDEVE Date: 18/09/2019 02:47:14