Madhya Pradesh High Court
Gulab Chandra Kushwaha vs The State Of Madhya Pradesh on 2 May, 2016
MCRC-5510-2016
(GULAB CHANDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
02-05-2016
Shri P.K. Saxena, learned counsel for the applicant.
Shri Vijay Soni, learned Panel Lawyer for the
respondent/State.
Heard.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 27/16, registered at P.S. Mada District-Singrauli for the offence punishable under Sections 376(2)(da), 506, 34 of the IPC 3(1-12) 3,(2-5) of SC ST Act sec. 4,6 of POSCO Act, and Section 190 of IPC.
The prosecutrix in her statement recorded before the trial court under Section 164 of Cr.P.C. deposed as under:-
02 vkjksih xqykc yxHkx ,d o"kZ ls esjs lkFk xyr 'kkjhfjd laca/k cuk jgk gSA xqykc us eq>s 'kknh djus dk vk'oklu fn;k Fkk vkSj vius lkFk j[kus dh Hkh ckr dgk FkkA xqykc us eq>ls ;g Hkh dgk Fkk fd mlds lkFk 'kkjhfjd laca/k cuk, vkSj xqykc ds ,slk dgus ij eSaus muls muds xyr laca/k cukus ij euk ugha fd;k Fkk u gh fpYyk pksV fd;k Fkk] D;ksafd xqykc us eq>s fo'okl fnyk;k Fkk fd og eq>ls 'kknh djsxkA 03 xqykc ds 'kkjhfjd laca/k cukus ls esjk xHkZ Bgj x;k vkSj xHkZ esa cPpk vkus ij eSaus dbZ ckj xqykc ls 'kknh djus dks dgk Fkk] ysfdu mlus euk dj fn;kA tsB dk eghuk Fkk tc xqykc eq>ls 'kknh djus dks euk dj fn;k FkkA fQj dgk fd ikap eghuk igys euk fd;k FkkA The prayer for bail is opposed by learned Panel Lawyer.
Looking to the statement of the prosecutrix and the facts of the case, but without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial court, the applicant be released on bail with a direction to appear before the trial court on the date of the trial.
The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA