Madhya Pradesh High Court
Monti Sonkar vs The State Of Madhya Pradesh on 25 July, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.27125/2018
Jabalpur
Dated: 25-07-2018
Shri S.K. Rajak, learned counsel for the applicant.
Shri A.K. Singh, learned Government Advocate for the
respondent/State.
Heard.
This is the repeat application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.195/2018 registered at Police Station Belbag, District Ja- balpur (M.P.), for the offence punishable under Section 354(D) of IPC and under Section 7/8 of POCSO Act, 2012 Applicant is in jail since 06.05.2018.
The earlier application of the applicant i.e. M.Cr.C. No.19535/2018 was dismissed on merits by this Court on 03.07.2018.
Learned counsel for the applicant has submitted that at that time the charge-sheet was not available with him. It is fur- ther submitted that the applicant has been falsely implicated in the case because one day prior to lodging of the FIR i.e. on 06.05.2018, the applicant was bitten by the dog of the com- plainant on 05.05.2018, and when the applicant was arrested on 06.05.2018 he was also examined by the doctor and his MLC is also on record in which it is clearly stated that he had suffered a dog bite.
Learned counsel for the applicant has further submitted that there are material discrepancies of the statement made un- der Section 164 and the FIR lodged against the applicant. It is further submitted that the applicant is in jail since 06.05.2018. It is further submitted that the conclusion of trial is likely to take long time, hence the applicant be released on bail.
Learned counsel for the State has opposed the bail appli- cation on the ground that his first application has already been dismissed on merits by this Court, hence, he is not entitled to be released on bail.
After hearing learned counsel for the parties and going through the case diary, in the opinion of this Court, application deserves to be allowed and it is hereby allowed.
Accordingly, it is directed that the applicant-Monti Sonkar be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfac- tion of the Trial Court for his appearance before the concerned court on all the dates of hearing fixed in this behalf by the court concerned during trial.
The applicant shall also abide by the following condi- tions:-
"1. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person ac- quainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
2. that the applicant shall not leave India without the pre- vious permission of the Court; and
3. that the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the com- mission of which he suspected."
However, it is made clear that if any complaint of harass- ment again made by the victim against the present applicant, this bail order shall stand cancelled automatically without ref- erence to the Court and the Police will be at liberty to arrest the present applicant.
With the aforesaid, the present application filed under Section 439 of Cr.P.C. is hereby disposed of.
C.C. as per rules.
(Subodh Abhyankar) Judge sjk Digitally signed by SHARANJEET KAUR JASSAL Date: 2018.07.26 15:55:38 +05'30'