Madhya Pradesh High Court
Sani vs The State Of Madhya Pradesh on 10 June, 2019
1 MCRC-22914-2019
The High Court Of Madhya Pradesh
MCRC-22914-2019
(SANI Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 10-06-2019
Shri Yash Sharma, Counsel for the petitioner.
Shri Vinay Kumar Verma, Panel Lawyer for the respondent/State.
This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 28/05/2019 i n connection with Crime No.217/2019 registered by Police Station Kotwali, District-Sheopur for offences punishable under Sections 354, 456, 323, 294, 506, 34 of the IPC.
It is submitted by counsel for the State that complainant has been informed.
It is submitted by the counsel for the applicant that as per prosecution case the applicant along with co-accused Mukesh committed house trespass and co-accused Mukesh outraged the modesty of the prosecutrix and when she raised alarm her elder sister intervened in the matter, however the applicant and co-accused Mukesh started abusing the prosecutrix and her sister and assaulted with kicks and fists. It is submitted that in the statement recorded u/s. 164 of Cr.P.C, the prosecutrix has merely alleged the applicant and co-accused Mukesh committed house trespass and the co-accused caught hold the prosecutrix and when she raised alarm, her elder sister intervened in the matter. It is submitted that in the statement recorded u/s. 164 of the Cr.P.C there is no allegation of outraging modesty of the prosecutrix, even otherwise, the allegations are against the co-accused. The applicant is in jail since 28.05. 2019 and he undertakes to stay away from the prosecutrix and trial is likely to take sufficient time and the applicant has no criminal history. It is further submitted that in the MLC no external injury was found on the body of the prosecutrix which belies the allegation of assault.
Per contra learned Public Prosecutor for the State opposes the application.
2 MCRC-22914-2019 Keeping in view the submissions made by learned counsel for the parties and looking to the period of detention, without expressing any opinion on the merits of the matter, I am of the view that this is a fit case for grant of bail to the present applicant. Consequently, application under Section 439 of Cr.P.C. is hereby allowed.
It is directed that the applicant namely Sunny be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety bond of the same amount to the satisfaction of the trial Court to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(G.S. AHLUWALIA) V. JUDGE ar ABDUR RAHMAN 2019.06.10 17:22:50 +05'30'