Manoj vs State Of Madhya Pradesh

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 13.05.2022, by Police Station- Pandokhar, District- Datia, in connection with Crime No.91/2022, for the offence punishable under Section 450, 376, 323, 457 of the IPC.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and applicant is suffering confinement since 13.05.2022 whereas material prosecution witnesses (prosecutrix) have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that applicant suffered incarceration on false pretext. Prosecution story indicates an improbable event. Medical report belies the allegations. Confinement amounts to pretrial detention specially when applicant does not bear any criminal record. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. Under these grounds, counsel prayed for bail.

Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.

Heard learned counsel for the parties at length and perused the documents appended.

Considering the submissions advanced by the learned counsel for the parties and the fact situation, a chance be given to him for course correction, without commenting on the merits of the case, the 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) 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 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;

The applicant will not seek unnecessary adjournments during the trial;

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.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.