Madhya Pradesh High Court
Smt. Anita Kushwah vs The State Of Madhya Pradesh on 14 February, 2019
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.2524/2019
(Smt. Anita Kushwaha Vs. State of M.P. and another)
Gwalior, dated : 14.02.2019
Shri Pradeep Katare, learned counsel for the applicant.
Shri Sanjeev Kumar Mishra, learned Public Prosecutor
for the respondent No.1/State.
None present for respondent No.2 though served. This third application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 23.09.2018 in connection with Crime No.186/2018, registered at Police Station Raun, District-Bhind, for the offence under Sections 363, 366-A, 368, 376 and 34 of IPC and Section 4/5 of POCSO Act. Her earlier bail applications are dismissed as withdrawn by this Court vide order dated 23.10.2018 passed in MCRC No.40784/2018 and order dated 10.12.2018 passed in MCRC No.44233/2018.
Learned counsel for the applicant submits that the case is of false implication. Applicant was nowhere involved in commission of any offence. Offence of rape cannot be attributable over the present applicant. Looking to the facts situation and nature of allegations levelled and contradiction in the statements recorded under Sections 161 and 164 of Cr.P.C. of the prosecutrix indicate that nature of implication. Charge- sheet has already been filed. Confinement since 23.09.2018 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2524/2019 (Smt. Anita Kushwaha Vs. State of M.P. and another) amounts to pretrial detention. She undertakes to cooperate in the trial as well as in the investigation as and when required. Therefore, applicant prayed for grant of bail.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions advanced by both the parties, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only), with a solvent surety of the like amount to the satisfaction of Trial Court concerned. 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 herself in extending inducement, threat or promise to any person acquainted with 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2524/2019 (Smt. Anita Kushwaha Vs. State of M.P. and another) 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 commit an offence similar to the offence of which she 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.
Certified copy as per rules.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.02.14 18:44:04 +05'30'