Rahul @ Ajay Bansal vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Rahul @ Ajay Bansal was arrested on 06/10/2020 in connection

with Crime No.228/2016 registered at Police Station Madhav Nagar, District Katni for the offences punishable under Sections 366, 363, 376 of the

IPC and Section 5/6 of POCSO Act.

As per the prosecution case, police registered Crime No.228/2016 at Police Station Madhav Nagar, District Katni against the applicant for the

offences punishable under Sections 366, 363, 376 of the IPC and Section 5/6 of POCSO Act and after investigation police filed the charge sheet. On

that charge-sheet S.T. No.56/2016 was registered which is pending before Special Judge, POCSO Act. Earlier the applicant was granted bail by the

coordinate Bench of this Court vide order dated 28.09.2016 passed in MCRC No.15688/2016, but during trial applicant did not appear before the trial

Court. On that learned trial Court forfeited his bail bond and issued arrest warrant against the applicant for securing his presence before the trial Court

and thereafter the trial Court declared the applicant absconder and issued perpetual arrest warrant against the applicant. In compliance of that

perpetual arrest warrant Police arrested the applicant on 06/10/2020 and produced him before the Court. On that learned trial court sent him into

judicial custody and since then the applicant is in judicial custody.

Learned counsel for the applicant submitted that applicant had gone to do labour work out of station due to which he could not appear before the trial

court on the date fixed for appearance. The applicant has been in custody since 06/10/2020 and conclusion of trial will take time, hence it is prayed

that the applicant be enlarged on bail.

SAN Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 06/10/2020, so he learnt the lesson and is unlikely

to hinder the progress of the trial again, so without commenting anything on the merits of the case, the application is allowed. It is directed that the

applicant shall be released on bail upon 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 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 trial.

 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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;

 4. The applicant shall not commit an offence similar to the offence of which he is accused;

 5. The applicant will not seek unnecessary adjournments during the trial; and

 6. The applicant will not leave India without prior permission of the trial Court.

 Certified copy as per rules.