Madhya Pradesh High Court
Javed vs The State Of Madhya Pradesh on 20 June, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. 20541/2019
(Javed and Anr. Vs. State of M.P.)
1
Jabalpur, Dated : 20.06.2019
Shri B.J. Chourasiya, counsel for the applicants.
Shri Shivam Hazare, P.L. for the respondent / State.
Shri V.K. Pandey, counsel for the objector. Heard with the aid of case diary.
This is first bail application filed by the applicants Javed and Captain @ Riyaz under Section 438 of CrPC for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.262/2019, registered at P.S - Kotwali, District - Chhatarpur under Sections 294, 323, 506, 354, 34 of IPC and Section 7/8 of POCSO Act.
As per prosecution story, on 24.04.2019 at 10:00 am when prosecutrix was fetching water from the handpump situated at Samnigar Mohalla, Chhatarpur applicants came there and they molested her and pressed her breast with bad intention.
Learned counsel for the applicants submitted that applicants are innocent and have falsely been implicated in this case. It is further submitted that the applicants have no criminal past and due to some altercation regarding fetching of water complainant failed false report against the applicants. Applicant Javed is a Government servant. Applicants are ready to cooperate in the investigation and trial. In the event of arrest, their reputation will be ruined. Under these circumstances, applicant prays for bail.
Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that applicants molested a minor girl, so they should not be released on anticipatory bail.
Looking to the facts and circumstances of the case and as to the fact that applicants have no criminal past, so without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. 20541/2019 (Javed and Anr. Vs. State of M.P.) 2 applicants Javed and Captain @ Riyaz shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer for their regular appearance before the Police during the investigation or before the Court during trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation / trial, as the case may be;
3. The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants 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 concerned Station House Officer for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date:
2019.06.21
11:14:00 +05'30'