Himanshu Dhakad vs State Of Madhya Pradesh

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 23 of 2024 registered at Police Station Bamori, District Guna (M.P.) for the offence under Sections 366, 376 of IPC.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Prosecutrix is a major woman having more than 18 years of age. Allegedly, she got missing on 02.02.2024 and was brought at Police Station on 04.02.2024 by the family members of the applicant/accused. The prosecutrix in her statement recorded under Section 164 of Cr.P.C. fairly stated that she left her house on her own volition on 02.02.2024 without informing her family members came to Village Bamori. The applicant/accused and prosecutrix came to Guna by Activa. There is no evidence that while travelling on Activa with the applicant/accused, she tried to escape or raise alarm. All these circumstances show that at the most, this is a case of consensual relationship. The applicant is under custody since 08.04.2024. The applicant is having no criminal history. Charge sheet has already been filed, therefore, his custodial interrogation is not required anymore. Further submission is that the applicant is permanent resident of District Guna (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

Per contra, learned Public Prosecutor for the respondent/State as well as the counsel for the complainant vehemently opposed the bail application and prayed for dismissal of present bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the 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;

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 for 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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.