Madhya Pradesh High Court
Murari Das @ Mahendra Prajapati vs The State Of Madhya Pradesh on 3 December, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.43749/2020
(Morari Das alias Mahendra Prajapati Vs. State of M.P.)
Gwalior Bench:Dated -03/12/2020
Shri Sanjay Singh Rajput, learned counsel for the
applicant.
Shri Nitin Goyal, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13-06- 2019 by Police Station Sabalgarh, District Morena in connection with Crime No.338/2019 registered for offence punishable under Sections 376, 376(2)(i), 506 of IPC and Sections 5/6 of the POCSO Act. His earlier bail applications were dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 13-06-2020 whereas charge-sheet has already been filed. It is further submitted that story indicates in improbable event. Without raising any alarm for a considerable period of time, prosecutrix suffered the alleged overimposing of applicant over the prosecutrix. Medical report belies the allegations. Applicant does not bear any criminal record. Confinement amounts to pretrial detention. He further undertakes HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.43749/2020 (Morari Das alias Mahendra Prajapati Vs. State of M.P.) not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Thus, prayed for bail.
Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail.
Considering the fact situation of the case and looking to the challenging time of COVID-19 pandemic, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.43749/2020 (Morari Das alias Mahendra Prajapati Vs. State of M.P.) bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith two solvent sureties out of which one shall be of District Morena of like amount to the satisfaction of trial Court This order will remain operative subject to compliance of the following conditions by the applicants :-
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 with the facts of the case so as to dissuade them 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 be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.43749/2020 (Morari Das alias Mahendra Prajapati Vs. State of M.P.)
7. Applicant shall not be source of harassment and embarrassment to the complainant party in any manner and shall not move in their vicinity.
8. Applicant shall mark his presence on first week of every month before the concerned Police Station between 10 am to 2 pm till conclusion trial.
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURAS st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802
d068b51dae27e84c266b09d283f0
IYA
799e67cdc7df50f, cn=ANIL
KUMAR CHAURASIYA
Date: 2020.12.04 07:56:21 -08'00'