Ramshankar and Another vs State of M.P.

Sheel Nagu, Judge

Case Diary is perused. Learned counsel for the rival parties are heard.

The applicants have filed this first application u/S 439, Cr.P.C. for grant of bail. The applicants have been arrested by Police Station Dehat, District Bhind in connection with Crime No. 142/2012 registered in relation to the offences punishable u/Ss. 363, 366A/506B, 376 of IPC and section 3(2)(5) of SC & ST (Prevention of Atrocities) Act.

Learned Public Prosecutor for the State 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.

Considering the fact that the applicants No. 1 & 2 are in jail since 11.05.2012 and 28.05.2012 respectively and the charge-sheet has since been filed and the prosecution story indicates that Gyandevi prosecutrix, who is said to be 20 years of age on 06.11.2012 has made exculpatory statement and has not supported the story of the prosecution and reading of which indicates consent and prolonged pre-trial detention is an anathema to the concept of liberty and possibilities of early conclusion of trial is bleak, this Court is inclined to extend the benefit of bail to the applicants.

Accordingly, this application is allowed and it is directed that the applicants be released on bail on their furnishing a personal bond each in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety each in the like amount to the satisfaction of the concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bonds executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants 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.