Madhya Pradesh High Court
Inoj @ Sunil Uike vs The State Of Madhya Pradesh on 17 March, 2016
MCRC-3580-2016
(INOJ @ SUNIL UIKE Vs THE STATE OF MADHYA PRADESH)
17-03-2016
Shri G.S. Namdeo, learned counsel for the
applicant.
Shri A.N. Gupta, learned Panel Lawyer for the
respondent/ State.
Heard.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 191/2014registered at P.S. Nainpur District-Mandla for the offence punishable under Sections 363, 366 A, 376(2) (dha) of the IPC & Section 5(tha)/ 6 of the Protection of Children from Sexual Offences Act, 2012.
The prosecutrix in her statement recorded under Section 161 of the Cr.P.C. by the Police, stated that she had gone with the applicant to Navegaon and thereafter Nagpur before reaching Nagpur she had married with the applicant at a temple named as Jam Savri, thereafter, she has been living with the applicant at Nagpur and on 02/06/2015 a daughter was born from the wedlock with the applicant. She did not make any allegation of rape against the applicant. The applicant is in jail since16/12/2014.
The prayer for bail is opposed by learned Panel Lawyer.
Looking to the facts of the case but without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial court, the applicant be released on bail with a direction to appear before the trial court on the date of the trial.
The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA