Madhya Pradesh High Court
Manoj Pal vs The State Of Madhya Pradesh Thr on 18 January, 2016
M.Cr.C. No. 13787/2015
(Manoj Pal vs. the State of M.P.)
1
18.01.2016
Shri Dheerendra Singh, learned counsel for the
applicant/accused.
Shri R.B.S. Tomar, learned Public Prosecutor for
the respondent/State.
Case diary is available and after investigation charge sheet was filed on 01.12.2015.
This is first bail application filed by the applicant/accused under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No. 384/2015, registered at Police Station- Purani Chawni, District Gwalior for the offences punishable under Sections 354, 450, 506 of IPC.
Learned counsel for the applicant/accused submits that the offence under Section 450 of IPC is not made out in this case because as per allegations in the case diary, the applicant/accused entered the house of the complainant for committing an offence punishable with imprisonment for three years only. The alleged offences 354 and 506 of IPC are not M.Cr.C. No. 13787/2015 (Manoj Pal vs. the State of M.P.) 2 punishable with imprisonment for more than 3 years. As per allegations in the case diary, when the complainant was sleeping in her home at 11 P.M. On 28.11.2015, the applicant/accused entered her house and pressed her breast keeping his hand on her mouth. Considering the said allegations more or less offence under Section 454 is made out against the applicant/accused which is punishable with imprisonment for 3 years. Counsel further contends that after investigation charge sheet has already been filed. On the aforesaid grounds, the learned counsel for the applicant/accused has prayed for grant of bail.
Learned PP opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail.
Heard the arguments of both the parties and perused the case diary.
On perusal of it, it transpires that an offence under Section 450 of IPC is not made out in this case as contended by the learned counsel for the M.Cr.C. No. 13787/2015 (Manoj Pal vs. the State of M.P.) 3 applicant/accused.
Considering the punishment of the remaining offences and the charge sheet having been filed by the prosecution, the application is allowed and it is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.30,000/-
(Thirty thousand only) with one solvent surety in the like amount to the satisfaction of the trial court on the condition that he shall remain present before the court concerned during trial.
A copy of this order be sent to the Court concerned for information.
CC as per rules.
(M.K. Mudgal)
pwn Judge