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Madhya Pradesh High Court

Jagdish vs The State Of Madhya Pradesh on 30 March, 2016

1                                        M.Cr.C.No.252/2016

30.3.2016

      Shri Shadab Khan, learned counsel for the applicant.
      Shri Sudhanshu Vyas, learned Panel Lawyer                    for   the
respondent/State.

Heard.

This is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.215/2015 registered at Police Station, Ravti, District Ratlam, for the offence punishable under Section 366, 376(2)(D), 344, 506, 34 of IPC.

As per prosecution case, on 27.12.2014 the complainant has gone to attend marriage. After marriage she was coming alone, then Jagdish met her and took her in the field and committed sexual intercourse with her. In the meantime his brother-in-law Bhimji and Baboo also came there. Then Jagdish asked her to go with Bhimji and Baboo. They took her to Morvani Railway Station. Thereafter, they took her to Morvi, Junagarh, where Baboo committed sexual intercourse with her. Thereafter, his brother Mukesh came and he also committed sexual intercourse with her. Then, Baboo and his brother left her and flew away.

Learned counsel for the applicant submits that the applicant has not committed any offence. He has falsely been implicated. The victim is a major lady. The charge-sheet has been filed. The applicant is in custody since 27.9.2015. There is no likelihood of his absconsion The conclusion of trial likely to take time. Hence, prayed for bail.

The prayer is opposed by learned Panel Lawyer. Case diary perused. Considering the statement of the victim under Section 161 and 164 of Cr.P.C. as well as the statement of Etribai and the facts and circumstances of the case, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

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/her 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 permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.

(D.K.Paliwal) Judge Patil