Ramlakhan vs State Of Madhya Pradesh

Dwarka Dhish Bansal, J

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested by Police Station Dehat Basoda district Vidisha, (M.P.) in connection with Crime No.26 of 2022 for the offence punishable under Sections 323, 376 (D) and 34 of IPC.

Learned counsel for the applicant submits that originally the applicant is not named in the FIR and prosecutrix has also not stated anything about him in her statement recorded under section 161 of Cr.P.C. He further submits that during investigation, TIP was got conducted in which also, the prosecutrix has not identified the present applicant. Even in the statement recorded under section 164 of Cr.P.C, name of applicant has not been taken. He submits that the applicant has not committed any offence and has been falsely implicated in the case. The applicant is a young man of 19 years of age. The applicant is in custody and as investigation is complete in the matter and the charge sheet has already been filed, therefore, there is no further requirement of custodial interrogation of the applicant. He prays for grant of bail.

P er contra, learned counsel appearing for the State has opposed the prayer and prays for rejection of this bail application.

Heard learned counsel for both the parties and perused the record. Considering the overall facts and circumstances of the case and looking to the facts that the charge sheet has already been filed in the matter and there is no further requirement of custodial interrogation of the applicant, but without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one 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 applicants :-

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;

4 . The applicant shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

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. Certified copy as per rules.