Madhya Pradesh High Court
Ramlakhan Yadav vs The State Of Madhya Pradesh on 30 September, 2014
1
Ram Lakhan Vs. State of M.P.
M.Cr.C. No. 8974/2014
30.09.2014
Shri, Rajiv Upadhyay, Advocate for the applicant.
Shri B. R. Pandey, Public Prosecutor for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this fourth application u/S 439, Cr.P.C. for grant of bail after rejection of third bail application which was dismissed on merits vide orders dated 26/08/2014 passed in MCRC No. 6684/2014. The applicant has been arrested by Police Station Bhander District Datia in connection with Crime No. 184/2013 registered in relation to the offences punishable u/Ss. 376(2)(N), 506-B/34 of IPC.
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.
Considering the facts that applicant is in custody since 07.02.2014 and this fourth bail application has been filed on new circumstance of recording of statement of prosecutrix on 11.09.2014 before the trial court, reading of which, discloses the same to be exculpatory in nature as prosecutrix has turned hostile and not supported the story of the prosecution and PW-3- Rampal, PW-4- Balwan, PW-5-Jagdish Yadav & PW-6-Betab Singh have also turned hostile and not supported the story of the prosecution and, therefore, this Court is left with no option but to enlarge the applicant on bail, but with 2 Ram Lakhan Vs. State of M.P. M.Cr.C. No. 8974/2014 certain stringent condition in view of nature of the offence and trial being pending.
Accordingly, 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.1,00,000/- (Rs. One Lac only) with two solvent sureties, each of Rs.50,000/-, 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 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
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall appear and mark his attendance once in a fortnight before the trial Court concerned, failing which, this bail order shall stand cancelled automatically without further reference to this Court.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Durgekar*