Ravindra Singh vs State Of Madhya Pradesh And Another

This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 19/08/2019 in connection with Crime No.374/2019 registered at Police Station Dabra, District-Gwalior for the offence punishable under Sections 354, 336 and 294 and 34 of IPC and Section 7 and 8 of POCSO Act.

It is the submission of learned counsel for the applicant that a false case has been registered against him and he is suffering confinement since 19/08/2019. Mainly the dispute was water related and converted into instant offence. A cross case was also registered at the instance of present applicant against the complainant and now settlement is in the offing between the parties and they want to move forward. He undertakes to cooperate in the trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant in any manner. Confinement since 19/08/2019 amounts to pre trial detention. Under these circumstances, he prayed for grant of bail.

At the outset, learned counsel for the respondent No.2- complainant fairly submits that he has no objection if the bail is granted because both the parties entered into compromise.

Respondent No.2-Sultan Sahu nodded in affirmative.

Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the application.

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 trial Court for transmission and compliance.

Certified copy as per rules.