Madhya Pradesh High Court
Prakash Ahirwar vs The State Of Madhya Pradesh on 31 January, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 31st OF JANUARY, 2022
MISC. CRIMINAL CASE No. 4744 of 2022
Between:-
PRAKASH AHIRWAR S/O SHRI HARPRASAD
AHIRWAR , AGED ABOUT 25 YEARS,
OCCUPATION: LABOUR VILL. OF KABIRPUR
P.S. MAGROUNE DIST. DAMOH MP (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI B.J. CHOURASIA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. P.S.
P.S. MAGRONE DIST. DAMOH MP (MADHYA
PRADESH)
2. VICTIM X S/O NOT MENTION OCCUPATION:
NIL THROUGH P.S. MAGRONE, DISTRICT-
DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI OMPRAKASH PATEL, PANEL LAWYER )
(Heard through Video Conferencing)
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T h e applicant has been arrested on 10.11.2021 by Police Station Magrone, District-Damoh (M.P.) in connection with Crime No.185/2021 for the offence punishable under Sections 366, 376, 376 (2) (N), 323, 506 of IPC.
It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. The incident is said to have been taken on 15.7.2021 and report was made on 10.10.2021. The victim is a major aged about 20 years. As per prosecution story, she has stayed with the applicant for a period of more than three months and out of her own will and consent has made a physical relationship with the present Signature Not Verified SAN applicant but on refusal of marriage she has lodged the F.I.R. after three Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.01 14:13:14 IST 2 months of the incident. The investigation is over and the charge-sheet has been filed in the matter on 14.12.2021. The applicant is the first offender and is in custody since 10.11.2021. There is no further requirement of custodial interrogation. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.
Per contra, learned counsel appearing for the State has opposed the prayer stating that there are specific allegations against the present applicant in the statements recorded under Sections 161 and 164 of Cr.P.C. but he could not dispute the fact that victim is a major aged about 20 years. The applicant being the first offender and filing of charge-sheet is not disputed by the State counsel.
Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to the verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
I n view of the COVID-19, jail authorities are directed that before releasing the applicant medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
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 Signature Not Verified SAN Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.01 14:13:14 IST 3 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 involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. Certified copy as per rules.
(VISHAL MISHRA) JUDGE irfan Signature Not Verified SAN Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.01 14:13:14 IST