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Madhya Pradesh High Court

Amit @Nitin Pathak vs The State Of Madhya Pradesh on 11 June, 2021

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

                                                                           1                           MCRC-23371-2021
                                                The High Court Of Madhya Pradesh
                                                          MCRC-23371-2021
                                                  (AMIT @NITIN PATHAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                       Jabalpur, Dated : 11-06-2021
                                               Heard through Video Conferencing.

                                               Shri A.K. Dixit, Advocate for the applicant.
                                               Shri Pradeep Gupta, GA for the respondent/State.

Case diary perused.

This is the second bail application under Section 439 of Cr.P.C.

Applicant Amit @ Nitin Pathak was arrested on 17/7/2020 in Crime No. 580/2020 registered at Police Station, Pathariya, Distt. Damoh (MP) for the offence punishable under Sections 342, 376, 376(3), 506 of the IPC and Sections 3/4 of the POCSO Act.

First bail application of the applicant was dismissed by this Court vide order dated 17/3/2021 passed in MCrC no.32914/2020.

As per prosecution case, applicant committed rape with the prosecutrix, who was minor due to which she became pregnant.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the offence. Statements of the prosecutrix and her parents have been recorded by the trial Court. They turned hostile and did not support the prosecution story. Charge sheet has been filed. The applicant has been in custody since 17/7/2020 and the conclusion of trial will take time. Therefore, the applicant be released on bail.

On the other hand, learned counsel for the State opposed the prayer and submitted that the applicant committed rape with the minor girl, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the statements of the prosecutrix and her parents have been recorded by the trial Court, the applicant is in custody since 17/7/2020, charge sheet has been filed Signature Not Verified SAN and the conclusion of trial will take time, without commenting anything on the Digitally signed by MONIKA CHOURASIA Date: 2021.06.11 15:39:34 IST 2 MCRC-23371-2021 merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Fifty thousand only) with a surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

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/her 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 he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

6.The applicant will not leave India without prior permission of the trial Court.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-