Shyamveer Jaat vs State Of Madhya Pradesh And Others

Sunita Yadav, J

The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 21.09.2022 by Police Station Madhoganj, District Gwalior (M.P.) in Connection with Crime No.407 of 2022 registered for the offence punishable under Sections 363 of IPC. Further added Sections 365, 366-A, 368, 120-B, 376, 376(2)(n) of IPC and Section 5(L)/6 of POCSO Act.

The allegation against the present applicant is that he helped co-accused-Prem Bhadoriya to abduct the prosecutrix and kept her in the house of co-accused-Ravindra.

Learned counsel for the applicant argued that applicant is innocent and h a s been falsely implicated. It is further argued that prosecutrix has not supported the prosecution case in her statement recorded u/S. 164 CrPC that present applicant helped the co-accused to abduct her. The applicant is in custody since 21.09.2022. The applicant has no criminal antecedents. It is further submitted that co-accused- Ravindra Chaudhary has already been granted bail by this Court vide order dated 28.10.2022 in M.Cr.C. No. 49853 of 2022, therefore, similar treatment be given to the present applicant. The applicant is permanent resident of Golnagar, Police Station Morsan, District Hathras, (U.P) and there is no possibility of his absconding or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State opposed the bail application and prays for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case as well as coupled with the fact that co-accused has already been granted bail by this Court, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties in the like amount to the satisfaction of the trial Court/committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will 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.

5) 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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.