Madhya Pradesh High Court
Sanjeev Chaubey vs The State Of Madhya Pradesh on 9 December, 2014
( Sanjeev Chaubey alias Jhabbu Vs. State of M.P.) 1
M.Cr.C. No.11398/2014
09.12.2014
Shri R.C. Bhargava, Advocate, for the applicant.
Shri Nilesh Tomar, Panel Lawyer, for the
respondent/State.
Heard.
This is the first application for regular bail under Section 439 of the Cr.P.C.
The applicant is in custody since 15.11.2014 in connection with Crime No. 615/2014 registered at Police Station Padav, District Gwalior (M.P.) for the offence punishable under Sections 354 (a), 354(d) of IPC read with Section 11/12 of Protection of Children from Sexual Offences Act, 2012.
It is alleged that the prosecutrix and the accused are of the same neighbourhood. The applicant has stalked the prosecutrix who is a minor and also passed filthy comments on her. On her report that on 13.11.2014 when she was travelling to college by bus, the applicant stalked her and also threatened her that if she refused to marry him he will throw 'acid' on her face. He also pressurized her to compromise on the earlier case.
On behalf of the applicant, it is submitted that the applicant is working in a private job. The father of the prosecutrix borrowed twenty thousand rupees from the ( Sanjeev Chaubey alias Jhabbu Vs. State of M.P.) 2 M.Cr.C. No.11398/2014 applicant. Father of the prosecutrix is no more. Because of the dispute of the money, the applicant has been implicated in this case.
On behalf of the State, the application is opposed on the ground that there is no document regarding the alleged borrowing of money.
Considered.
Sections 354(a) and 354 (d) of IPC are bailable offence. Keeping in view that the applicant is in custody since 15.11.2014 and the criminal case would take a considerable time for decision, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court for securing his presence before the concerned 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 not interfere or influence the prosecution witnesses;
2. The applicant will make himself available or represent through his counsel on early date of proceedings ( Sanjeev Chaubey alias Jhabbu Vs. State of M.P.) 3 M.Cr.C. No.11398/2014
3. The applicant will not indulge in any similar offences during the pendency of the trial.
4. If the applicant found breach of any of the conditions above, the learned Trial Court would be at liberty to reconsider on the question of bail.
A copy of this order be sent to the concerned court for compliance.
(S.K. Palo)
mani Judge