Madhya Pradesh High Court
Pahal Singh vs The State Of Madhya Pradesh on 25 October, 2018
1 MCRC-41461-2018
The High Court Of Madhya Pradesh
MCRC-41461-2018
(PAHAL SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 25-10-2018
Shri D.K. Singrore, counsel for the applicant.
Shri Vivek Lakhera, Govt. Advocate for the respondent/State.
Heard with the aid of case diary.
This is Second application of the applicant Pahal Singh filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.53/2018 registered at Police Station Niwas, District Mandla for the offence punishable under Sections 323, 342 & 376 (2)(N) of IPC.
First bail application of the applicant has been dismissed as withdrawn with liberty to file afresh after recording the statement of the prosecutrix vide order dated 18.07.2018 in M.Cr.C.No.27318/2018.
As per the prosecution case, on 21.03.2018 at 04:00 PM applicant forcibly took prosecutrix in his house and confined her in a room and committed rape with her.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. The statement of the prosecutrix has been recorded by the trial court. The applicant is in custody since 23.05.2018 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that applicant forcibly took the prosecutrix and committed rape with her. So, he should not be released on bail.
Looking to fact and circumstances of the case and as to the fact that statement of the prosecutrix has been recorded by the trial court and applicant is in custody since 23.05.2018 and trial is still pending, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 Digitally signed by RANJEET AHIRWAL Date: 26/10/2018 11:08:42 2 MCRC-41461-2018 the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 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.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE (ra) Digitally signed by RANJEET AHIRWAL Date: 26/10/2018 11:08:42