Madhya Pradesh High Court
Tehshildar @ Gyapa @ Gepu vs The State Of Madhya Pradesh on 8 October, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-49907-2021
(Tahsildar @ Gyapa @ Gepu Vs. State of M.P.)
Gwalior, dated : 08/10/2021
Shri M.M. Tripathi, learned counsel for the applicant.
Ms. Anita Lodhi, learned Panel Lawyer for the respondent/State.
Case-diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 13/03/2021 by Police Station- Hastinapur, District- Gwalior (M.P.) in connection with Crime No.24/2021 registered in relation to the offence punishable under Sections 354, 34, 376-D and 506 of IPC.
Prosecution story, in short, is that on 12/03/2021, at about 6:30 PM, when the prosecutrix had gone to answer the call of nature, at that time the present applicant and co-accused came there, caught hold of her hand with an evil intent and tore her blouse. When the prosecutrix screamed, the applicant pressed her mouth. Hearing her shrieks, her brother-in-law- Bhurelal Jatav came on the spot, seeing whom the applicant and co-accused fled. On the basis of the aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant is aged about 38 years and he has been falsely implicated in this case. He is in custody since 13/03/2021. Charge-sheet has been filed and further custodial interrogation is not required. It is further submitted that PW-1- 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49907-2021 (Tahsildar @ Gyapa @ Gepu Vs. State of M.P.) complainant herself in her statement recorded under Section 164 of Cr.P.C. has turned hostile and not supported the prosecution version. There is no allegation of rape against the applicant, therefore, offence under Section 376-D of IPC is not made out against the applicant. It is also submitted that in view of outbreak of COVID-19, detention of applicant in already congested prisons may be detrimental. The applicant is a permanent resident of District- Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, prayer for grant of bail is made.
Learned Panel Lawyer for the State opposed the application by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is also submitted that the applicant has three criminal cases registered against him.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Having heard learned counsel for the parties, taking into consideration the period of custody put in by the applicant coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. 3
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49907-2021 (Tahsildar @ Gyapa @ Gepu Vs. State of M.P.) 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.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 4 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-49907-2021 (Tahsildar @ Gyapa @ Gepu Vs. State of M.P.) be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
A copy of this order be sent to the Court concerned for compliance.
Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari) Judge rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da460684034 62fdf82ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.10.08 19:11:04 -07'00'