Madhya Pradesh High Court
Smt. Mamta @ Kallo vs The State Of Madhya Pradesh Thr. on 20 October, 2015
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M.Cr.C. No.10073/2015
(Smt. Mamta alias Kallo Vs. State of MP)
20.10.2015
Shri J.P. Kushwah, Advocate for applicant.
Shri B. K. Sharma, Government Advocate for
Respondent/State.
IA No.9205/2015 filed for correcting crime number in the cause title of the application is considered and allowed for the reasons mentioned therein.
Correction of crime number in the cause title be carried out during the course of the day.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this third application u/S. 439, Cr.P.C. for grant of bail after rejection of the second one on merits. The applicant has been arrested on 20.05.2015 by Police Station Pichhore Dabra, District Gwalior in connection with Crime No.167/2014 registered in relation to the offences punishable u/Ss. 363, 368 of IPC and Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Allegation against the applicant, who is a woman aged about 32 years, is of assisting the main accused in kidnapping the abductee. Reading of statement of the prosecutrix u/S. 164, Cr.P.C., who is aged 16 years, indicates that there is no allegation against the applicant either of kidnapping or any other offence.
Considering the above facts and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing 2 M.Cr.C. No.10073/2015 (Smt. Mamta alias Kallo Vs. State of MP) from justice, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, 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/- (Rs. Fifty Thousand only) with two solvent sureties, each of Rs.25,000/-, each in the like amount, to the satisfaction of the concerned 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 her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself 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 she 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 Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Mehfooz/-