Madhya Pradesh High Court
Manish @ Mangal Kushwah vs The State Of Madhya Pradesh Thr on 29 October, 2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.39047/2018
Manish alias Mangal Kushwah
Vs.
State of Madhya Pradesh
Gwalior Bench: Dated: 29/10/2018
Shri N.S. Tomar, learned counsel for the applicant.
Shri Avnish Singh, learned Public Prosecutor for the
respondent/State.
With consent heard finally.
This is the first bail application under Section 439 of Cr.P.C. on behalf of the applicant. The applicant is in custody since 14-08- 2018 in connection with Crime No.436/2018 registered at Police Station Gwalior District Gwalior for the offence punishable under Sections 376, 365, 506, 120-B of IPC and under Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.
It is submitted by learned counsel for the applicant that he has been falsely implicated in the case. Act attributable over the applicant is not of offence under Section 376 of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act. Charge-sheet has already been filed and confinement amounts to pretrial detention. Thus, prayed for grant of bail.
On the other hand, learned counsel for the State on the basis of case diary opposed the bail application and prayed for dismissal of bail application.
Heard the counsel for parties and perused the case diary. Considering the submissions made by learned counsel for the parties as well as the fact that disposal of trial shall take time and detention of the applicant amounts to pretrial detention, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand HIGH COURT OF MADHYA PRADESH M.Cr.C.No.39047/2018 Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the 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 investigation/trial, as the case may 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 will 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 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.
(Anand Pathak)
Anil* Judge
Digitally signed by
ANIL KUMAR
CHAURASIYA
Date: 2018.10.30
11:13:44 +05'30'