Madhya Pradesh High Court
Banti vs The State Of Madhya Pradesh on 2 March, 2022
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
ON THE 2nd OF MARCH, 2022
MISC. CRIMINAL CASE No. 10813 of 2022
Between:-
BANTI S/O SHRI SHYAMLAL SIRONJ VIDISHA
(MADHYA PRADESH)
.....Applicant
(BY Shri SK Shrivastava, Advocate )
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION NATERAN (MADHYA PRADESH)
.....Respondent
(BY Shri Ravindra Singh Kushwah, Dy, AG )
This application coming on for hearing this day, the court passed the
following:
ORDER
This first application under Section 439 of the CrPC has been filed for grant of bail to the applicant.
Applicant has been arrested on 02/01/2022 in connection with Crime No.300/2021 registered at Police Station Nateran, District Vidisha for offence under Sections 363, 366, 376(2)(n) of IPC and Section 5L/6 of POCSO Act.
It is submitted by learned counsel for the applicant that the applicant is in custody since 02/01/20222. Investigation is complete and charge sheet has been filed. It is further submitted that in the statements of prosecutrix recorded under Section 161 and 164 of CrPC, the prosecutrix has not supported the prosecution case. The conclusion of trial will take some time. Hence, prayed for grant of bail.
Learned counsel for the State opposed the application and submitted that offence under Sections 363, 366, 376(2)(n) of IPC and under Section 5L/6 of POCSO Act has been registered against the applicant and considering the nature of offence as well as the fact that the prosecutrix is aged around 16 yeas and six months on the alleged date of incident, therefore, no case is made out for grant of bail to the applicant. Hence, prayed for dismissal of bail application.
Heard learned counsel for the parties and perused the case diary as well as 2 documents available on record.
Considering the arguments advanced by counsel for the applicant coupled with the fact that applicant is in custody since 02/01/2022 and the prosecutrix did not support prosecution case in the light of her statements recorded under Section 161 & 164 CrPC and the conclusion of trial will take some time, without commenting upon the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like amount to the satisfaction of Court concerned for his regular appearance before trial Court concerned on the dates fixed by it.
This order will remain operative subject to compliance of 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 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;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
Application stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for compliance and compliance.
CC as per rules.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE MKB Digitally signed by MAHENDRA BARIK Date: 2022.03.02 18:41:55 +05'30' 3