Madhya Pradesh High Court
Anil Singh Chauhan vs The State Of Madhya Pradesh on 20 November, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-45351-2018
(ANIL SINGH CAHUHAN Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 20/11/2018
Shri J.P. Mishra, learned counsel for the applicant.
Shri Pramod Pachauri, learned Public Prosecutor for the
respondent-State.
With consent heard finally.
The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Dabra, District Gwalior in connection with Crime No.552/2018 registered in relation to the offence punishable u/S 376 of IPC.
It is the submission of learned counsel for applicant that it is the case of false implication. Applicant and prosecutrix were in shared love relationship. When the relationship soured between the prosecutrix/complainant and applicant, it resulted into registration of case. Even the statement of the prosecurix recorded under Section 164 of Cr.P.C indicates that the prosecutrix has filed complaint, whereas the applicant refused to make offer the marriage with the prosecutrix. Consensual intimacy is apparent on record. The applicant is a young man aged about 20 years and is suffering confinement on false pretext. He undertakes to cooperate in the trial. Applicant is behind the bars since 29.09.2018. Confinement would amount to pretrial detention.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
THE HIGH COURT OF MADHYA PRADESH MCRC-45351-2018 (ANIL SINGH CAHUHAN Vs THE STATE OF MADHYA PRADESH) It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned 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 acquitted 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 and would not move in the vicinity of the complainant;
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;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) JUDGE LJ* Digitally signed by LOKENDRA JAIN Date: 2018.11.20 18:31:18 +05'30'