Pawan Jatav vs State Of M.P

S.A.Dharmadhikari, J

Heard on IA No. 30574/2021, an application under Section 301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed and Shri Pradeep Kumar Jha, learned counsel on behalf of the complainant and his associate is permitted to assist the prosecution.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dated 07/09/2021 passed in M.Cr.C. No. 42624/2021.

The applicant has been arrested on 12/08/2021 by Police Station - Bhonti District Shvpuri (M.P.) in connection with Crime No. 190/2021 registered in relation to the offence punishable under Sections 363, 366-A, 506-B and 34 of the IPC.

Allegation against the present applicant and co-accused in short is that on 03/07/2021 they enticed the prosecutrix and took her away with them. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 12/08/2021. Only allegation on the present applicant is that he helped co-accused Arvind Jatav in taking away the prosecutrix alongwith him. Co-accused as well as prosecutrix have not been recovered. No criminal case is pending against the applicant. The applicant is a permanent resident of District Shivpuri (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Additional Advocate General and counsel for the complainant opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

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 trial Court concerned for compliance.

Certified copy as per rules.