Chhutta vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application.

This is second bail application u/s 439 of Cr.P.C. First bail application has been dismissed vide order dated 2.4.2014 passed in M.Cr.C. No. 1003/2014.

The applicant has been arrested in Crime No. 49/2011 registered at Police Station Kotwali, District Gwalior for the offence punishable under Sections 376, 120B of IPC and 3(2)(XII) of SC ST Act.

Learned counsel for the applicant submits that no progress has been made in the Trial. The summons received to the prosecution witnesses remained unserved for about nine times. The applicant is under custody since 27.12.2013. He further submits that the summons has been returned unserved with a note that they are residing in the given address. It is submitted that trial likely to take time. Hence, prayed for grant of bail.

The application is opposed by the learned Public Prosecutor.

Perused the copies of the order-sheets of Special Sessions Trial No. 18/14. The order-sheets dated 24.12.2013, 25.2.2014, 14.3.2014, 15.3.2014, 15.4.2014 shows that the summons of the prosecutrix witnesses remained unserved. On perusal of the copies of the summons it appears that the witnesses Mankarnabai, Munnalal, Mohan, Ku. Balli are not residing in the given address. It appears that the victim was a beggar and incident stated to have been committed at Railway Station, Vidisha. Applicant is under custody since 27.12.2013.

Considering the above said facts coupled with the fact that applicant is under custody for about seven months, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves 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;

The applicant shall not commit an offence similar to the offence of which they are accused;

The applicant will not seek unnecessary adjournments during the trial; and

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.