Ramkumar vs State Of Madhya Pradesh

This is second bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 09/09/2019 in connection with Crime No.346/2019 registered at Police Station Sabalgarh, District-Morena for the offence punishable under Section 366 and 376-D of IPC.

It is the submission of learned counsel for the applicant that a false case has been registered against him and he is only friend of main accused Kadam Rawat and therefore, suffering confinement since 09/09/2019 only on the basis of false allegations at the instance of prosecutrix. He has no role to play so far offence under Section 376 of IPC is concerned. Charge-sheet has already been filed and confinement since 09/09/2019 amounts to pre trial detention. He undertakes to cooperate in the investigation as well as trial and would not be a source of embarrassment and harassment to the complainant in any manner. He prayed for grant of bail.

Learned counsel for the respondent-state opposed the prayer and prayed for its dismissal.

Prosecutrix categorically submits that she got married to Kadam Rawat main accused through Court Marriage and when he did not pick up the call then she tried to contact the co-accused and when did not receive any positive response, then being infuriated by the developments she lodged the FIR.

Heard the learned counsel for the parties and perused the case diary.

Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is 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.

The applicant would not induce any intimidation and threat to the complainant party and would not be a source of embarrassment and harassment to the complainant party in any manner.

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

Certified copy as per rules.