Madhya Pradesh High Court
Lukman Khan vs The State Of Madhya Pradesh on 11 September, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.36534/2019
(Lukman Khan s/o Kurban Ahmed
Versus
The State of Madhya Pradesh)
Indore, Dated 11.09.2019
Mr. Z.A. Khan, learned Senior Counsel along with
Mr. Ramesh Gangare, learned counsel for the
applicant.
Mr. Gaurav Kumar Verma, learned Public
Prosecutor for the non-applicant / State of Madhya
Pradesh.
They are heard. Perused case diary.
This first application under Section 439 of
Criminal Procedure Code, 1973 has been filed by
applicant, who is implicated in connection with Crime
No.644/2019 registered at Police Station Kotwali
Dewas, District Dewas (MP) for offence punishable
under Sections 363, 354 (a) (i) read with Section 34 of
the Indian Penal Code, 1860 and also under Section 7
read with Section 8 of the Protection of Children from
Sexual Offence Act, 2012.
The applicant is in custody since 24.07.2019.
As per prosecution case, the victim has made
allegations against the present applicant with regard to
abduction and outrage her modesty. Hence, the
present case has been registered against him.
Learned counsel for the applicant has submitted
that the applicant is a young boy aged about 18 years
2
and he has not committed any offence. According to
the statement of the victim, on 24.07.2019 at about
05.00 PM, the present applicant called her on Temple
of Mataji at Tekri, where the present applicant along
with his two friends Farhan Mansoori and Rehan Khan
met her. Rehan Khan gave Toffee and after eating it,
Farhan Mansoori and Rehan Khan caught hold her. At
that time, present applicant was also present there, but
she has not made any allegation against the present
applicant regarding physical assault with intent to
outrage her modesty. The applicant is in custody since
24.07.2019. The investigation is over and charge sheet has been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the 3 sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S.K. Awasthi) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithawe Date: 2019.09.11 17:00:26 +05'30'