Madhya Pradesh High Court
Ravindra Mehra vs The State Of Madhya Pradesh on 26 October, 2021
Author: Virender Singh
Bench: Virender Singh
1
HIGH COURT OF MADHYA PRADESH
M.Cr. C. No.50561/2021
(Ravindra Mehra Vs. State of Madhya Pradesh and another)
JABALPUR; Dated: 26.10.2021
Shri Guljar Rajput, counsel for the petitioner.
Ms. Priyanka Mishra, Panel Lawyer for respondent-State.
ORDER
Crime No. Under section Police Station Arrest Date 215/2020 363, 366, 376 (2) n, 376 Udaypura, district 23.09.2020 (2), 376 (2)(f) of I.P.C Raisen and Section 5 (1)/6, 5(n)/6 of the POCSO Act, 2021.
As declared by the petitioner, this is the first bail application under Section 439 of Cr.P.C.
2. The petitioner is being tried for committing rape with the prosecutrix has come before this Court with a copy of statement of prosecutrix and her parents and brother who had been examined before the Trial Court as P.W. Nos. 1, 2, 3 and 4. None of them have supported the case of the prosecution. They all have been declared hostile and nothing could be extracted from the cross-examination done by the Public Prosecutor.
3. The learned Panel Lawyer has opposed the bail, however, has fairly admitted that except the statement of aforesaid witnesses there is no other evidence to support the case of the prosecution..
4. Having regard to the nature of allegation made against the petitioner, the evidence available on record and other facts and circumstances of the case, I deem it a fit case to allow the bail to the petitioner. Therefore, without commenting on the merits of the case, the application is allowed.
5. It is directed that the petitioner Ravindra Mehra be released from custody on his furnishing a personal bond in the sum of Rs.20,000/- (Rupees Twenty thousands Only) with one solvent surety to the 2 satisfaction of the Trial Court for his appearance before the Trial Court as and when required, further subject to the following conditions :-
(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
(Virender Singh) JUDGE vivek Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.10.27 14:33:33 +05'30'