Madhya Pradesh High Court
Sharafat Shah vs The State Of Madhya Pradesh on 7 January, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
MCRC.51894/2019
(Sharafat Shah Vs. State of M.P. )
1
Jabalpur, Dated : 07/01/2020
Shri Jitendra Arya, counsel for the applicant.
Shri Rakesh Singh, P.L. for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Sharafat Shah was arrested on 20.11.2019 in Crime No. 321/2019 registered at Police Station Obedullaganj, District Raisen for the offence punishable under Section 344, 366, 376, 376(2)(n), 506 of IPC.
As per the prosecution case, 20.09.2019 applicant abducted the prosecutrix and took her to Ujjain where he kept her in a room for a month and repeatedly committed rape with her.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that prosecutrix was a major and married lady. It is alleged that police recovered the prosecutrix on 23.09.2019 while at that time prosecutrix did not disclose the fact to the police that applicant abducted her and committed rape with her. For the first time prosecutrix lodged the report on 01.10.2019. There is no plausible explanation regarding delay in lodging the FIR. Charge-sheet has been filed. The applicant is in custody since 20.11.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant the fact that the applicant is in custody since 20.11.2019, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
THE HIGH COURT OF MADHYA PRADESH MCRC.51894/2019 (Sharafat Shah Vs. State of M.P. ) 2 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 fact 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 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. on payment of usual charges.
(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2020.01.08 12:26:03 +05'30'