High CourtsSingle Bench

Seetaram Sharma vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 20 February 2020 · Citation: (2020) 02 MP CK 0121

HON’BLE JUDGES
Anand Pathak, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 109, 114, 115, 120(B), 342, 354, 376D, 450, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 7160 Of 2020
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Judgment

37 paragraphs · 282 words

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 11-12-2019 in

connection with Crime No.649/2019 registered at Police Station, Ambah, District Morena, for the offences punishable under Sections 376D, 450, 506,

109, 114, 342, 354, 120-B, 115 of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since

11.12.2019 and no custodial interrogation is required. Only allegation against the applicant is in respect of calling the prosecutrix. No video or mobile

has been seized to indicate that pictures were taken. Allegations of rape are over prime accused Dholu. Confinement amounts to pre- trial detention.

He undertakes to cooperate in investigation/trial. He further undertakes to perform community service.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.

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

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Certified copy as per rules.