Madhya Pradesh High Court
MCRC/49077/2018 of JITENDRA PRAJAPATI @ JITU Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C No.49077/2018 (Jitendra Prajapati vs. State of
1THE HIGH COURT OF MADHYA PRADESH
M.Cr.C No.49077/2018
(Jitendra Prajapati vs. State of M.P.)
Jabalpur, Dated 31.12.2018
Shri Dharmendra Shah, learned counsel for the applicant.
Ms. Shaheen Fatima, learned Government Advocate forrespondent-State.
Heard the learned counsel for the parties.
This is second bail application under Section 439 of Cr.P.C. Theapplicant Jitendra Prajapati has been arrested on 30.09.2018 inconnection with Crime No.246/2018 registered at Police Station Sarai,District Singrauli for the offence punishable under Sections 363, 366,376(2)(n), 344 and 506 of the IPC and Section 4/6 of the POCSO Act.
First bail application has been dismissed as withdrawn videorder dated 14.11.2018 passed in M.Cr.C.No.44411/2018.
As per prosecution case on 04/06/2018 applicant JitendraPrajapati abducted the prosecutrix, who was minor and took her toBaidhan, where he kept her for 20-25 days and assaulted her and alsocommitted rape with her.
Learned counsel for the applicant submits that the applicant isinnocent and has falsely been implicated in the crime. Prosecutrix wasmajor and went with the applicant on her own will. Charge sheet hasbeen filed. Applicant is in custody since 30.09.2018. The conclusionof trial will take time, hence prayed for release of the applicant onregular bail.
On the other hand learned counsel for the State opposed theprayer and submitted that sufficient evidence is available against theapplicant to connect him with the offence in question, so he should notbe released on bail.
Considering the facts and circumstances of the case and as to thefact that the applicant is in custody since 30.09.2018 and charge sheethas been filed and conclusion of trial will take time, so without 2THE HIGH COURT OF MADHYA PRADESHM.Cr.C No.49077/2018
(Jitendra Prajapati vs. State of M.P.)
commenting anything on the merits of the case, the application isallowed. It is directed that the applicant shall be released on bail onfurnishing personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand Only) with one solvent surety in the like amount to thesatisfaction of Trial Court for his appearance before the concernedCourt on all such dates as may be fixed in this behalf by the trial Courtduring the pendency of trial.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :
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1. The applicant will comply with all the terms and conditions ofthe bond executed by him;the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted with thefacts of the case so as to dissuade him/her from disclosing suchfacts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to theoffence of which he is accused;offence of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial; and
6. The applicant will not leave India without previouspermission of the trial Court.permission of the trial Court.
C.C. as per rules.
loretta
Digitally signed by LORETTA RAJ Date: 2019.01.04 23:58:06 -08'00'LORETTA RAJ Date: 2019.01.04 23:58:06 -08'00'
(Rajeev Kumar Dubey)
V. Judge