Madhya Pradesh High Court
MCRC/50780/2018 of CHUKKU @ VIVEK SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH
THE HIGH COURT OF MADHYA PRADESHMCRC.50780.2018(Chukku alias Vivek Shrivastva Vs. State of M.P.)
GWALIOR; dated 31.12.2018
Shri Sushil Goswami, learned counsel, for the applicant.
Shri N.S.Kirar, learned Public Prosecutor for therespondent/State.
Heard the learned counsel for the parties and perused thecase diary.
The applicant has filed this second application underSection 439 of Cr.P.C. for grant of bail, who has been arrestedand is in custody since 07.09.2018, in connection with CrimeNo.345/2018, registered at Police Station Kotwali district Datia,for the offence punishable under Section 376D, 376(2)N, 323and 506 of the IPC and 5G, 5L, 6 of the POCSO Act. His firstapplication was dismissed as withdrawn vide order dated23.10.2018 passed in M.Cr.C.No.40135 of 2018.
It is the submission of learned counsel for the applicantthat the case is of false implication. Only allegation against theapplicant is in respect of Sections 323 and 506B of the IPC. Norape has been committed by the applicant. Even from perusal ofthe complaint, it appears that no offence attributable to Section376 of the IPC can be levied over him. The charge sheet hasalready been filed and therefore, under the said circumstancesapplicant seeks bail. He undertakes to cooperate in theinvestigation in the trial and would make himself available asrequired by the trial court. He would not intimidate or threatenthe complainant or any of his family member. The applicant isin custody since 7.9.2018 and therefore, confinement wouldamount to pre-trial detention. On these grounds, he prayed forgrant of bail to the applicant.
Learned Public Prosecutor for the State on the basis ofcase diary opposed the prayer made by the applicant and prayedfor dismissal of this application.
Considering the submissions advanced by learned counselfor the applicant as well as fact situation of the case, but withoutexpressing any opinion on merits of the case, this application is THE HIGH COURT OF MADHYA PRADESHMCRC.50780.2018
(Chukku alias Vivek Shrivastva Vs. State of M.P.)
allowed and it is directed that the applicant 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 likeamount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions :-
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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 investigation/trial, as thecase may be;case may be;
3. The applicant will not indulge himself in extending inducement,threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be; threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offenceof which he is accused; of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial; and the trial; and
6. The applicant will not leave India without previous permission ofthe trial Court/Investigating Officer, as the case may be; the trial Court/Investigating Officer, as the case may be; A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(Anand Pathak)
V.Judge
R. K. SHARMA 2018.12.31 15:25:46 +05'30'