Madhya Pradesh High Court
Kamlesh @ Chati vs The State Of Madhya Pradesh on 31 July, 2015
MCRC-7485-2015
(KAMLESH @ CHATI Vs THE STATE OF MADHYA PRADESH)
31-07-2015
Shri Rajnish Pandey, counsel for the applicant.
Shri Brahmdatt Singh, Govt. Adv. for the
respondent/State.
Heard the learned counsel for the parties. The applicant is in custody since 22.3.2015 relating to Crime No.600/2014 registered at Police Station Sarni, District Betul for the offence punishable under Sections 294, 354, 323, 506, 116, 306/511 read with Section 34 of the IPC.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. Except of offence under Sections 306/511 and 354 of the IPC, remainig offences are bailable. If the entire evidence given by the prosecutrix under Section 161 of the Cr.P.C. is considered then, there is no specific allegation against the applicant that he outrage the modesty of the prosecutrix. Actually, it is alleged against the applicant that he had beaten brother of the deceased in the past and therefore, the prosecutrix had qurreled with mother of the applicant. It is alleged agasinst the applicant and other accused persons that they went to the house of the prosecutrix and abused her that she was prosecuting a business as prostitute in her father house and not going to her husband house and thereafter, he quarreled and assaulted the prosecutrix. However, there is no allegation against the applicant that he assaulted the prosecutrix with bad intention. Hence, prima facie, no offence under Section 354 of the IPC is made out against the applicant. It is also alleged that the prosecutrix felt insulted and tried to commit suicide. However, the overt act as alleged against the applicant do not fall within the purview of Section 107 or 109 of the IPC and therefore, prima facie, no offence under Section 306/511 of the IPC may constitute against the applicant. The applicant is unnecessarily kept in the custody. Consequently, he prays for bail.
Learned Panel Lawyer opposes the application. Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently it is hereby allowed.
It is directed that the applicant namely Kamlesh @ Chati be released on bail on his furnishing a personal bond in sum of Rs.30,000/- (Rupees thirty thousand) with a surety bond of the same amount to the satisfaction of the trial Court to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. Certified copy as per rules.
(N.K. GUPTA) JUDGE