Madhya Pradesh High Court
Bhaiyyan @ Bhaiyalal vs The State Of Madhya Pradesh on 8 April, 2019
THE HIGH COURT OF MADHYA PRADESH
MCRC-4578-2019
(BHAIYAN @ BHAIYALAL Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 08/04/2019
Shri D.S. Tomar, learned counsel for the applicant.
Shri Sanjay Bahirani, 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 Shadora, District Ashoknagar in connection with Crime No.09/2019 registered in relation to the offence punishable under Sections 363, 366, 368 and 376 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012.
It is the submission of learned counsel for applicant that the dichotomy of statements under Sections 161 and 164 of Cr.P.C of complainant indicate the nature of allegation. Applicant is in confinement on the basis of a false case registered against him. Charge-sheet has already been filed on 16.01.2019. He is in confinement since 16.01.2019 which amounts to pretrial detention. He undertakes to cooperate in the trial and would make himself available for trial on all dates. He further undertakes not to intimidate, threaten or extend allurement to the prosecutrix or THE HIGH COURT OF MADHYA PRADESH MCRC-4578-2019 (BHAIYAN @ BHAIYALAL Vs THE STATE OF MADHYA PRADESH) prosecution witnesses in any manner. Under these circumstances, he prays for bail.
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.
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 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 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;
THE HIGH COURT OF MADHYA PRADESH MCRC-4578-2019 (BHAIYAN @ BHAIYALAL Vs THE STATE OF MADHYA PRADESH)
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* LOKENDRA JAIN 2019.04.08 17:36:55 +05'30'