Madhya Pradesh High Court
Rajkumar Bhalawi vs The State Of Madhya Pradesh on 4 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-28158-2017
(RAJKUMAR BHALAWI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 04-01-2018
Shri RP. Mishra, learned counsel for the applicant.
Shri BP. Pandey, learned G.A. for the respondent/State.
Heard with the aid of case diary. This is first bail application under Section 439 Cr.P.C. for grant sh of bail in connection with Crime No.502/2017 registered at Police Station Junnardeo, District Chhindwara for the offence punishable e ad under Sections 376(2)(n) of the IPC.
As per prosecution case the applicant sexually exploited the Pr prosecutrix between 01/01/2015 to 31/12/2015 on the pretext of a marriage.
hy Learned counsel for the applicant submits that applicant has not ad committed any offence and has falsely been implicated in the offence. The prosecutrix was major at the time of incident. The charge-sheet M has been filed and the trial will take considerable time to conclude.
of The applicant is in custody since 11/10//2017, hence prayed for release of the applicant on bail.
rt On the other hand, learned counsel for the respondent/State ou opposed the prayer and submitted that the applicant committed rape C with the prosecutrix on the pretext of marriage, so he should not be released on bail.
h ig After hearing learned counsel for the parties, considering the H facts and circumstances of the case and as to the fact that charge-sheet has been filed and conclusion of trial will take time, so without commenting on the merits of the case, the application is allowed and the applicant is directed to 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 trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 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 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 sh offence of which he is accused;
e
5. The applicant will not seek unnecessary adjournments during ad the trial; and Pr
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
a C.c. on payment of usual charges.
hy ad (RAJEEV KUMAR DUBEY) JUDGE M of rt as ou Digitally signed by ANURAG SONI C Date: 2018.01.04 16:35:37 +05'30' h ig H