Madhya Pradesh High Court
Hoshiyar Singh Rajput vs The State Of Madhya Pradesh on 11 October, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.1675/2018
(Hoshiyar Singh Rajput Vs. State of M.P. and another)
GWALIOR; dated 11.10.2018
Shri Lokendra Shrivastava, learned counsel for the
applicant.
Shri B.P.S. Chauhan, learned Public Prosecutor for the
respondent No.1/State.
Shri Avinash Kulshreshtha, learned counsel for the respondent No.2/complainant.
Heard the learned counsel for the parties and perused the case diary.
The applicant has filed this application under Section 439 of Cr.P.C. for grant of bail, who has been arrested and is in custody since 04.12.2017, in connection with Crime No.90/2017, registered at Police Station Basai, District Datia, for the offence punishable under Sections 363, 366 & 376 of the IPC and Section 3/4 of the Protection of Children from the Sexual Offences Act.
It is the submission of learned counsel for the applicant that he has been falsely implicated in this case. Prosecutrix has not supported the prosecution story and turned hostile in his Court's statement. Here specifically submits that the applicant has never done any misconduct with the prosecutrix. Father and mother of the prosecutrix have also turned hostile. For last one month, applicant is behind bars which amounts to pre-trial detention. He undertakes not to dissuade the witnesses and would abide by the terms and conditions as imposed by this Court.
Learned counsel for the State on the basis of case diary opposed the prayer made by the applicant.
Learned counsel for the complainant also could not dispute the statement made by the prosecutrix.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on merits of the case, this application is 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.1675/2018 (Hoshiyar Singh Rajput Vs. State of M.P. and another) allowed and it is directed that the applicant- Hoshiyar Singh Rajput be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand only) with one solvent surety of 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/her from 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.
(Anand Pathak) Judge Rashid Digitally signed by RASHID KHAN Date: 2018.10.12 15:30:44 +05'30'