Pankaj Singh Chauhan vs State of M.P.

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

Perused the case diary.

This is second bail application u/s 439 of Cr.P.C., filed on behalf of the applicant.

The applicant has been arrested in Crime No. 218/2014 registered at Police Station, Hazira, District Gwalior (M.P.), for the offence punishable under Sections 365, 376(d), 394 and 323 of IPC, Section 3(1)(xii) of SC/ST (Prevention of Atrocities) Act, 11/13 of MPDVPK Act and 25/27 of Arms Act.

As per prosecution story, complainant, who is a labourer, came to Gwalior in search of work alongwith her husband. After doing labour work complainant and her husband used to sleep on the Railway platform of Birla Nagar. In the intervening night of 25-26th June, 2013 at about 11:00 PM Pahadi Tomar, Pawan Tomar and Pankaj Chauhan came there and gave beating by means of kicks. Ajuddi, Vijay and Kamlu, who are the residents of village of the complainant, were also seeping there but due to fear they have not interfered. Accused persons Pawan and Pankaj caught hold the complainant. Pahadi Tomar shown Katta to her husband and forcibly took her from the platform inside the boundary of JC Mill in jungle. Thereafter, all the accused have committed rape one by one. The accused Pahadi also taken cash of Rs. 4,000/- and ear rings, bangles, Pahadi was also saying that kill her. In the meantime Police reached, then they ran away.

Learned counsel for the applicant submits that after rejection of the first bail application vide order dated 23.10.2013 passed in M. Cr. C. No. 8276/2013 statement of the victim has been recorded alongwith the statements of Kallu (PW-2) and Dinesh (PW-3). The prosecutrix has not supported the prosecution case and has clearly stated that she was beaten by some persons nothing has been committed with her. Kallu (PW-2) and Dinesh (PW-3) have also not supported the prosecution case.

It is further submitted that the applicant has falsely been implicated. He is in custody since 28.06.2013. Applicant has not committed any offence. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

Considering the facts and circumstances of the case, 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/Committal 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 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.