Madhya Pradesh High Court
Jankilal vs The State Of Madhya Pradesh on 19 August, 2015
1
M.Cr.C.No.7822/2015
(Jankilal vs. State of MP)
19.08.2015
Shri Jitendra Singh, Advocate for applicant.
Ms.Sudha Shrivastava, Panel Lawyer for respondent/
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bahadurpur, District Ashoknagar in connection with Crime No.206/2015 registered in relation to the offences punishable u/Ss. 363, 366 of IPC and S. 12/17 of Protection of Children from Sexual Offence Act.
Learned Panel Lawyer 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.
The applicant is in custody since 19.06.2015 and the charge-sheet has though not been filed but the investigation appears to be nearing completion where allegation against the applicant is that he was a driver of vehicle of co-accused Golu, who abducted the prosecutrix aged 15 years old. The statement of the prosecutrix u/S. 164 of Cr.P.C. indicates that the 2 M.Cr.C.No.7822/2015 petitioner had taken the prosecutrix and co-accused Golu to different places on the direction of the main accused. No overt act has been alleged against the petitioner who has no criminal antecedent.
In view of the above facts and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.
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/- (Rs. Fifty Thousand Only) with two solvent sureties of Rs.25,000/- of 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 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 from 3 M.Cr.C.No.7822/2015 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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge AK/-