Madhya Pradesh High Court
Harendra Jatav vs The State Of Madhya Pradesh on 31 December, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.52135/2018
(Harendra Jatav Vs. State of M.P.)
Gwalior, dated : 31/12/2018
Shri Avinash Kulshretha, learned counsel for the applicant.
Shri R.S. Yadva, learned Public Prosecutor for the
respondent-State.
With consent heard finally.
This is third bail application under Section 439 of Cr.P.C. on behalf of the applicant. Earlier two applications were dismissed as withdrawn vide order dated 05/12/2018 and 30/10/2018. The applicant is in custody since 29/08/2018 in connection with Crime No.248/2018 registered at Police Station Station Road, District- Morena for the offence punishable under Sections 376 and 343 of IPC.
It is the submission of counsel for the applicant that on 17/12/2018, in her court statement, prosecutrix has turned hostile and did not support the story of the prosecution. It is further submitted that applicant is in confinement since 29/08/2018 and chance of conviction appears to be remote and confinement amounts to pre trial detention, therefore, applicant prays for grant of bail. Applicant undertakes to cooperate in trial as well as in the investigation as and when required.
On the other hand, learned counsel for the State on the basis of case diary opposed the bail application and prayed for dismissal of bail application.
Heard the counsel for parties and perused the case diary. Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant-Harendra Jatav be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52135/2018 (Harendra Jatav Vs. State of M.P.) Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial.
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 disclosing such facts to the Court or to the Police Officer, as the case may be.
4. The applicant will 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.
(Anand Pathak) V. Judge vc VARSHA CHATURVEDI 2018.12.31 16:03:21 -08'00'