Ramu Charmkar vs State Of Madhya Pradesh

Arun Kumar Sharma, J

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

The applicant is in custody since 13.11.2019 in connection with Crime No.177/2019 registered at P.S. Panvar, District Rewa (MP) for the offences

punishable under Sections 450, 376, 506 of the IPC.

Earlier applications of the applicant were dismissed on merits vide order dated 04.12.2020 passed in M.Cr.C. No.46526/2020 with liberty to file afresh

after recording the statement of prosecutrix

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is alleged against the applicant that he

committed rape with the prosecutrix. However, the prosecutrix is examined before the trial Court and she has turned hostile. She did not support the

prosecution case. There is no criminal antecedent against the applicant. It is stated that the applicant is in jail since 13.11.2019, and the trial would take

considerable time to conclude, therefore, the applicant may be released on bail.

Learned Panel Lawyer on the other hand, has vehemently opposed the bail application.

Having heard learned counsel for the parties and looking to the facts and circumstances of the case and the facts that the prosecutrix has turned

hostile, without expressing any view on the merits of the case, this application is allowed.

I t is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the

satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

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 himself,

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 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

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, o n their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.