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Madhya Pradesh High Court

Narendra Singh Raghuvanshi vs The State Of Madhya Pradesh on 23 June, 2015

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                      M.Cr.C. No.5571/2015
23/06/2015 :-
      Shri Raja Sharma, learned counsel for the applicant.
      Dr. (Smt.) Anjali Gyanani, learned Government Advocate for
the non-applicant/State.
      Heard.
      This is first bail application under Section 439 of Cr.P.C. The
applicant has been arrested in Crime No.209/2014 registered at
Police Station-Tyonda, District-Vidisha under Section 376 and 
of IPC and 3/4 of POSCO Act, 2012 and is under custody since
20/06/2014.
2.    As per prosecution case, the complainant was gone to
prepare Papad. Victim aged 6 years was watching T.V. inside the
room, when she came back in the room, she found that her
daughter was bleeding. On asking she told that she fallen down
from the bed and sustained injury. Report has been lodged on 20 th
June, 2014.
3.    It is submitted by learned counsel for the applicant that
applicant has been falsely implicated. It is submitted that applicant
has not committed any offence. It is submitted that incident
alleged to have been taken place on 16/06/2014 while report of the
incident has been lodged on 20/06/2014. It is submitted that Dr.
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Archana Patel has examined the victim on the date of incident
wherein she disclosed that her daughter has fallen from the bed. It
is submitted that during trial victim has been examined as PW/2
and her mother has been examined as PW/1 but they have not
supported    the   prosecution.   Applicant    is   in   custody   since
20/06/2014. Conclusion of trial will take some time. Therefore, the
applicant be released on bail.
4.    The application is opposed by learned Government Advocate
and prays for dismissal of this application.
5.    Taking into consideration the allegation against the applicant
and considering that the incident alleged to have been taken place
on 16/06/2014 and on the same day the victim has been taken to
Hospital where Dr. Archana Patel examined her. Mother of the
victim has been examined where she stated that victim has been
fallen down from the bed. Report has not been lodged by mother
of the victim on the same day. Report has been lodged only on
20/06/2014. Taking into consideration the aforesaid facts and the
fact that applicant is under custody since 20/06/2014 and also the
fact that conclusion of trial will take its own time, therefore, without
going into the merits of the case, this bail application is allowed
and it is ordered that the applicant be released on bail subject to
furnishing personal bail bond of Rs.50,000/- (Rupees Fifty
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Thousand Only) along with one surety in the like amount to the
satisfaction of the concerned Trial Court for his appearance before
the said Court on all dates as may be fixed in this behalf. This order
will remain operative subject to compliance of the following
conditions by the applicant :-


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The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will co-operate 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;

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.

6. A copy of this order be sent to the Court concerned for compliance.

7. Accordingly, M.Cr.C.No.5571/2015 stands disposed of. C.C. as per rules.

(D.K. Paliwal) Judge Aiyer*