Dileep Singh vs State Of M.P

Anand Pathak, J

The applicant has filed this Second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 25.12.2020 by Police Station,

Sehor, District Shivpuri, in connection with Crime No.162/2020 for the offence punishable under Sections 323, 376, 506, 34 of IPC.. First application

has been dismissed as withdrawn.

It is the submission of learned counsel for the applicant that he is suffering confinement since 25.12.2020, whereas charge-sheet has already been

filed. It is further submitted that dispute originates from the conduct of elder brother of applicant who was a pervert and because of that, dispute

between his brother and his wife (present prosecutrix) resulted into registration of false case against the applicant. Alleged incident occurred in July,

2020 and thereafter she left for her maternal home and thereafter in October, 2020 she lodged the complaint. This indicates the motive prima facie.

Applicant does not bear any criminal record. Confinement amounts to pretrial detention. He undertakes to cooperate in trial. On these premises, he

prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions advanced by learned counsel for the applicant and the fact situation of the case, but without expressing any opinion on the

merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand Only) along 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 :-

1.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 himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them 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 he is accused ;

Applicant will not seek unnecessary adjournments during trial and he shall not move in the vicinity of the prosecutrix and shall not cause any

embarrassment/harassment to the complainant party in any manner;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.