Madhya Pradesh High Court
Ramprasad @ Balli Ahirwar vs The State Of Madhya Pradesh Thr on 6 August, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 25042/2018
(Ramprasad alias Balli Ahirwar Vs. State of M.P.)
(1)
Gwalior, dated : 6/8/18
Shri Naval Kishore Gupta, Advocate for the applicant.
Shri Rajesh Pathak, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this third application under section 439 of the Cr.P.C. for grant of bail. The earlier applications have been dismissed as withdrawn vide orders dated 15/9/17 and 23/3/18 passed in M.Cr.C. Nos.8865/17 and 10438/17 respectively.
The applicant has been arrested by Police Station Kotwali, District Datia, in connection with Crime No.231/2017 registered in relation to the offences punishable under sections 376(2)(I) of the IPC, 5(N)/6 of the POCSO Act, 2012.
Allegations against the applicant, in short, are that he enticed the prosecutrix, a girl aged about 14 years, and committed rape upon her.
Learned counsel for the applicant submits that the applicant has been falsely implicated. Applicant is in custody since 12/6/17. Investigation is over and charge-sheet has been filed on 13/8/17 in which offences under sections 376(2)(i) of the IPC and POCSO Act have been enhanced. Earlier the first application was dismissed as withdrawn with liberty to renew the prayer after examination of prosecutrix. Evidence of prosecutrix and her mother has been recorded at the trial and both of them have not corroborated the prosecution version and have turned hostile. The applicant has no criminal antecedents. He is a permanent resident of Siddharth Colony, Tahsil and District Datia THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25042/2018 (Ramprasad alias Balli Ahirwar Vs. State of M.P.) (2) and there is no likelihood of his absconsion, if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Ramprasad alias Balli Ahirwar be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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/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;
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25042/2018 (Ramprasad alias Balli Ahirwar Vs. State of M.P.) (3)
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.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.08.07 15:03:09 +05'30'