Madhya Pradesh High Court
Manish Kumar Ahirwar vs The State Of Madhya Pradesh on 27 November, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH : JABALPUR
M.Cr.C. No. 42380/2020
( Manish Kumar Ahirwar Vs. The State of M.P.)
PRESENT :
HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO
CONFERENCING)
Jabalpur, Dated : 27.11.2020
Shri Pushpendra Dubey, learned counsel for the
applicant.
Ms. Anjali Shrivastava, learned Panel Lawyer for the
respondent/State.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 22.09.2020 in connection with Crime No. 888/2020 registered at P.S. Piplani District Bhopal for the offences punishable under Sections mentioned therein.
The allegation against the present applicant is that he had physical relationship with the prosecutrix on the false promise of marriage.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Learned counsel for the applicant has read out the 164 Cr.P.C. statement of the prosecutrix as well as invited the attention of this Court to the photographs filed along with the application. It is submitted that the prosecutrix was a consenting party at all time and despite the applicant got married in the month of June 2020, the prosecutrix kept having relationship with him. He further submits that the trial would take considerable time to conclude, therefore, the applicant may be released on bail.
2On the other hand, learned Panel Lawyer has vehemently opposed the bail application and prayed for rejection of the same. It is stated that the physical relationship was made only on the false promise of marriage.
Considering the statement of the prosecutrix recorded under Section 164 of Cr.P.C. and the fact that she was major at the time of first incident and also the fact that despite being aware that the applicant got married in the month of June 2020, she kept having relationship with him, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.
This order will remain operative subject to compliance of the following conditions :-
"1. The applicant will comply with all the terms and conditions of the bond executed by him.
2. The applicants 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/her/them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled 3 automatically without further reference to the Bench;
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.
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the applicant during period of bail as a consequence of this order."
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Anjali Shrivastava learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.
Certified copy/e-copy as per rules.
(Nandita Dubey) Digitally signed by RAVI SHANKAR SHRIVASTAVA Date: 2020.11.27 17:04:03 +05'30' Judge rss