Madhya Pradesh High Court
Arun Meena vs The State Of Madhya Pradesh on 19 June, 2015
1 M.Cr.C. No.4263/2015
19.06.2015
Shri Rajmani Bansal, Advocate for the applicant.
Shri J.M.Sahni, Panel Lawyer for the respondent/State.
Heard.
This is second bail application under Section 439 of Cr.P.C. The first bail application has been dismissed by this Court vide order dated 1.4.2015 passed in M.Cr.C.No.2022/2015. The applicant has been arrested in Crime No.516/2014 registered at Police Station, Chachoda, District Guna, for the offence punishable under Section 366, 376(2)(G), 343, 506/34 of IPC.
As per the prosecution case, complainant was going to answer call of nature at about 6.00 PM. In the way Arun, Shivraj met her. They took her forcibly on motorcycle, closed her mouth. Both of them committed rape on her. Since then bleeding was started. They kept her for five days and committed rape on her. When her condition was deteriorated then they left her at Ruthiyai railway station. Then she lodged the report.
It is submitted that the applicant has not committed any offence. He has falsely been implicated. The father of the applicant has purchased land from father of the victim. When father of the applicant asked to execute the sale deed, father of the victim has not executed the sale deed and threatened to implicate the applicant in a rape case. The applicant is 2 M.Cr.C. No.4263/2015 under custody since 18.2.2015. The conclusion of the trial likely to take time, hence prayed for bail.
The prayer is opposed by learned Panel Lawyer. Case diary perused. Taking into consideration the medical report and the fact that report of the incident has been lodged after seven days of the incident, but no satisfactory explanation has been given and the victim, who happens to be married lady aged 25 years remained for about five days with the applicant, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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 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 3 M.Cr.C. No.4263/2015
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(D.K.Paliwal) Judge Patil