Madhya Pradesh High Court
Harish Alagh vs The State Of Madhya Pradesh on 7 May, 2019
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.18839/2019
(Harish Alagh Vs. State of M.P.)
Gwalior Bench:
Dated:07/05/2019
Shri Yogesh Chaturvedi, learned counsel for the applicant.
Shri Manish Nayak, learned Panel Lawyer for the respondent-
State.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 25/02/2019 in connection with Crime No.656/2018 registered at Police Station Padav, District-Gwalior for the offence punishable under Section 376 of IPC.
It is the submission of learned counsel for the applicant that a false case has been registered against the applicant. Through various WhatsApp chats and photographs submitted by the applicant alongwith application, it is demonstrated that consensual relationship when turned soured then resulted into registration of offence. It is further submitted that from the modus operandi of the prosecutrix it appears that she is part of a criminal nexus by which they take persons into honey trap and then exhort money from them. Charge- sheet has already been filed and medical examination nowhere indicates commission of offence. Confinement since 25/02/2019 amounts to pre trial detention. He undertakes to cooperate in the trial and would make himself available as and when required. He would not be a source of embarrassment and threat to the complainant party in any manner.
HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.18839/2019 (Harish Alagh Vs. State of M.P.) Learned Panel Lawyer for the respondent-State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
Considering the fact situation as well as submissions advanced, but without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount, to the satisfaction of the Trial Court concerned. 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 himself 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;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.18839/2019 (Harish Alagh Vs. State of M.P.) permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant would not move in the vicinity of the prosecutrix and would not be a source of embarrassment and threat to the prosecutrix in any manner.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
vc Judge
VARSHA CHATURVEDI
2019.05.07 15:03:06 -07'00'