Madhya Pradesh High Court
MCRC/51525/2018 of VIJAY SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
OF MADHYA PRADESH M.Cr.C.No.51525/2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51525/2018
Vijay Singh Vs. State of Madhya PradeshGwalior Bench: Dated:31/12/2018
Shri Pradeep Katare, learned counsel for the applicant.
Shri N.S. Kirar, learned Public Prosecutor for therespondent/State.
With consent heard finally.
This is the first bail application under Section 439 of Cr.P.C.on behalf of the applicant. The applicant is in custody since 02-10-2018 in connection with Crime No.53/2018 registered at PoliceStation Rawatpura district Bhind for the offence punishable underSections 376, 506 of IPC.
It is submitted by learned counsel for the applicant that thecase is of false implication, rather it is a case of detected adultery.No external or internal mark has been found over the person ofprosecutrix in the medical report to suggest that any forcibleintercourse took place. Because of personal discord between thefamilies, case has been registered. Charge-sheet has alreadybeen filed. Confinement amounts to pretrial detection.
On the other hand, learned counsel for the State on thebasis of case diary opposed the bail application and prayed fordismissal of bail application. Along with that, learned PublicProsecutor also referred affidavit of Station House Officer, PoliceStation Rawatpura that because of some misrepresentation/mis-communication by the police constables; Ravikant Sharma,Yogendra Tomar and Rajendra Singh he could not produce thecase diary before this Court within stipulated time.
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 disposal of trial shall take timeand detention of the applicant amounts to pretrial detention,without expressing any opinion on merits of the case, the HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51525/2018
application filed under Section 439 of Cr.P.C. is allowed. It isdirected that the applicant be released on bail on furnishing apersonal bond in the sum of Rs.50,000/- (Rs. Fifty ThousandOnly) with one solvent surety in the like amount to the satisfactionof the trial Court for his regular appearance before the trial Courton the condition that he shall remain present before the Courtconcerned 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 andconditions of 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 acquaintedwith the facts of the case so as to dissuade him fromdisclosing such facts to the Court or to the Police Officer, asthe 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 thecase may be.
A copy of this order be sent to the Court concernedfor compliance.
Station House Officer, Police Station Rawatpuradistrict Bhind is directed to take explanation of the erringconstables and ensure proper followup action in the matter.
Copy of this order be sent to the Station HouseOfficer, Police Station Rawatpura District Bhind forinformation and necessary compliance.
(Anand Pathak)
Anil* V.Judge