Madhya Pradesh High Court
Avdhesh Choubey @ Monu vs The State Of Madhya Pradesh Thr on 9 August, 2017
1 M.Cr.C. No.8519/2017
(Awdhesh Choubey alias Monu vs. State of M.P.)
09.08.2017
Shri Arun Pateriya, learned counsel for applicant.
Shri Vivek Jain, Public Prosecutor for respondent/State.
This is seventh application under Section 439 of Cr.P.C. for grant of bail. One of his earlier application was dismissed on 10.04.2017 on merit.
The applicant has been arrested on 08.03.2016 in connection with Crime No.116/2016 registered by Police Station Chanderi, District Ashoknagar for offence under Sections 376, 384, 34 of IPC and Section 67(a) of Information Technology Act.
Learned counsel for the applicant submits that on 24.07.2017 sixth repeat application of the applicant was dismissed as withdrawn with the liberty to file fresh application after examination of the prosecutrix before the trial Court. Thereafter, learned counsel for the applicant has drawn attention on the statements given by the prosecutrix before the trial Court on 25.07.2017 in which she has admitted that she had not given any statement to the police and in para-9 of the statement before the trial Court, she has categorically mentioned that she has no information about making of video recording by Iqbal and Awdhesh. She denied the allegation of blackmailing of such video recording. In view the said statement, learned counsel submits that it is fit case for grant of bail because prosecutrix has not given any statement against the present applicant.
Per contra, the counsel for the State opposed the application.
Considering the submissions made by the leaned counsel for the parties and looking to the facts and 2 M.Cr.C. No.8519/2017 (Awdhesh Choubey alias Monu vs. State of M.P.) circumstances of the case, 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 - Awdhesh Choubey alias Monu be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent surety of the like amount to the satisfaction of the Trial Court to appear before the Trial Court on the dates given by the concerned Court.
Certified copy as per rules.
(Vivek Agarwal) Judge Ashish