Mahesh vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 25/8/2021 by Police Station Pichchore, District Shivpuri in connection with Crime No. 394/2021 registered for offence punishable under Sections 363, 366, 376-D, 344 and 506-B of IPC.

It is the submission of learned counsel for the applicant that he is suffering confinement since 25/8/2021 and charge-sheet has already been filed. He submits that applicant is suffering confinement on false pretext because prosecution story indicates a very improbable event; wherein, prosecutrix was allegedly abducted by applicant and other co-accused Bhura Chidar nine years back and she lived with Bhura Chidar and during that period on some occasions applicant committed rape over her. For nine year prosecutrix lived with Bhura Chidar without raising any alarm which itself indicates the nature of allegations and motive attached with it. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial. On these grounds, prayer for bail is made out.

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

Heard.

Considering the submissions and facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this application but with certain stringent conditions. It is hereby directed that on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of trial Court applicant shall be released on bail.

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 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 and will not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity;

The applicant will not seek unnecessary adjournments during the trial;

The applicant shall not cause any embarrassment or harassment to complainant-party at any point of time in future; and

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.

E-Copy/Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.