Madhya Pradesh High Court
MCRC/52135/2018 of HARENDRA JATAV Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C. No.52135/2018 (Harendra Jatav Vs. State of M.P.)
THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.52135/2018(Harendra Jatav Vs. State of M.P.)
Gwalior, dated : 31/12/2018
Shri Avinash Kulshretha, learned counsel for the applicant.
Shri R.S. Yadva, learned Public Prosecutor for therespondent-State.
With consent heard finally.
This is third bail application under Section 439 of Cr.P.C. onbehalf of the applicant. Earlier two applications were dismissed aswithdrawn vide order dated 05/12/2018 and 30/10/2018. Theapplicant is in custody since 29/08/2018 in connection with CrimeNo.248/2018 registered at Police Station Station Road, District-Morena for the offence punishable under Sections 376 and 343 ofIPC.
It is the submission of counsel for the applicant that on17/12/2018, in her court statement, prosecutrix has turned hostileand did not support the story of the prosecution. It is furthersubmitted that applicant is in confinement since 29/08/2018 andchance of conviction appears to be remote and confinementamounts to pre trial detention, therefore, applicant prays for grantof bail. Applicant undertakes to cooperate in trial as well as in theinvestigation as and when required.
On the other hand, learned counsel for the State on thebasis of case diary opposed the bail application and prayed fordismissal of bail application.
Heard the counsel for parties and perused the case diary.
Considering the submissions made by learned counsel forthe parties as well as the fact that confinement amounts to pretrialdetention, without expressing any opinion on merits of the case,the application filed under Section 439 of Cr.P.C. is allowed. It isdirected that the applicant-Harendra Jatav be released on bail onfurnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.52135/2018(Harendra Jatav Vs. State of M.P.)
Thousand Only) with one solvent surety in the like amount to thesatisfaction of the trial Court for his regular appearance before thetrial Court on the condition that he shall remain present before theCourt concerned during the trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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1. The applicant will comply with all the terms and conditionsof the bond executed by him;
2. The applicant will cooperate in the investigation/trial, asthe case may be;
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 from disclosing such factsto the Court or to the Police Officer, as the case may be.
4. The applicant will not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournmentsduring the trial; and
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case maybe.
A copy of this order be sent to the Court concerned forcompliance.
vc
(Anand Pathak)
V. Judge