Vishal vs State Of Madhya Pradesh

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.352/2017 registered at Police Station Mundi District Khandwa for the offence under Sections 363, 366-A, 376 (2) (N) of IPC under Sections 5/6 of POCSO Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He has not committed any offence. The prosecutrix lived with the applicant near about 7 months. He further submits that as per statement of the prosecutrix recorded under Section 164 of the Cr.P.C., there is no allegation of sexual intercourse against the applicant. The trial will take time to conclude. There is no criminal antecedents against the applicant. The applicant is permanent resident of District and there is no likelihood of absconding or tampering with the prosecution evidence by the applicant. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned counsel for the State opposes the bail application and prays for its rejection.

Heard rival contentions of the parties and perused the entire material available on record including the case diary. Keeping in view the entire facts and circumstances of the case, the statement of the proseuctrix recorded under Section 164 of Cr.P.C., before the Magistrate and also the fact that there is no criminal antecedents against the applicant, this Court is of the view that the applicant may be enlarged on bail, hence, without commenting on the merits of the matter, the application is allowed. The applicant is directed to b e released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant will not seek unnecessary adjournments during the trial;

(6) The applicant will not leave India without previous permission of the trial Court;

(7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.