Madhya Pradesh High Court
Mela Singh vs The State Of Madhya Pradesh Thr on 27 September, 2017
M.Cr.C. No. 10171/2017
(Mela Singh Vs State of M.P.)
27/09/2017
Shri D.S. Tomar, learned counsel for the applicant.
Shri A.K. Niankari, learned Public Prosecutor for the
respondent.
Perused the case diary.
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 406/2017 registered at Police Station Chanderi District Ashoknagar (M.P.) for the offence punishable under Sections 354, 323 and 341 of IPC and Section 7 /8 Protection of Children from Sexual Offence Act.
As per prosecution story, it is alleged that on the date of incident prosecutrix went to answer call of nature in the nearby forest area then accused Ranki Yadav caught hold her hand with ill intention and press her breast. On crying, accused Ranki Yadav ran away. When prosecutrix was going to lodge the report at police station then applicant stopped her way and started beating her.
Counsel for the applicant submits that he has not committed any crime and he has falsely been implicated. It is further submitted that applicant has not committed any Maarpeet. Applicant is aged about 45 years agriculturist and reputed citizen of the locality and there is no likelihood of his absconsion or tampering with the prosecution evidence if released on bail.
Learned Government Advocate for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the M.Cr.C. No. 10171/2017 (Mela Singh Vs State of M.P.) material available on record, no case for grant of bail is made out.
In view of the above, 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 be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in 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 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.
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 previous permission of the trial Court, 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 Prachi