Madhya Pradesh High Court
Satendra @ Satyendra vs The State Of Madhya Pradesh on 10 January, 2020
Author: Anand Pathak
Bench: Anand Pathak
1 M.Cr.C.No.54847/2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.54847/2019
(Satendra @ Satyendra Vs. State of M.P.)
Gwalior, dated :10.01.2020
Shri T.C.Narvariya, learned counsel for the applicant.
Shri Sushant Tiwari, learned Public Prosecutor for the
respondent/State.
Shri Atul Jain, leaned counsel for the complainant. The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 04.09.2019, in connection with Crime No.166/2019, registered at Police Station Bhonti, District Shivpuri for the offence punishable under Sections 363, 366, 376, 120-B and 34 of IPC and 3/4 of POCSO Act.
It is the submission of counsel for the applicant that false case has been registered against the applicant and he is in custody since 04.09.2019. Contents of FIR and statement of prosecutrix indicate improbable events. It is highly improbable that prosecutrix kept roaming around with applicant at such distant places without raising any alarm and worst part of the allegation is that applicant committed rape in a sleeper bus. Such improbable allegation renders the case of prosecutrix doubtful. Basically, it was a financial transaction between applicant and brother of prosecutrix which ensued registration of false 2 M.Cr.C.No.54847/2019 case over the applicant. Confinement amounts to pretrial detention. Charge-sheet has already been filed. He undertakes to cooperate in the trial as well as in the investigation as and when required. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to perform community service to purge his misdeeds. Under these grounds, he prayed for grant of bail to the applicant.
Learned Public Prosecutor as well as complainant for the State opposed the prayer made by the applicant and prayed for dismissal of this application.
Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but 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/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions:-
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 3 M.Cr.C.No.54847/2019 facts 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 will 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.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge Ashish* ASHISH CHAURASI A 2020.01.10 17:39:41 +05'30'