Madhya Pradesh High Court
MCRC/52853/2018 of LAKHAN SINGH PARIHAR Vs THE STATE OF MADHYA PRADESH on 31 December 2018
No. 52853/18 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 52853/18
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M.Cr.C. No. 52853/18
THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No. 52853/18
(Lakhan Singh Parihar Vs. State of M.P.)
Gwalior, Dated 31/12/18
Shri Sushil Goswami, learned counsel for the applicant.
Shri Abhishek Mishra, learned Public Prosecutor for therespondent/State.
Case-diary is perused.
Learned counsel for the rival parties are heard.
This is 1st bail application u/S. 439 of Cr.P.C. filed by theapplicant for grant of bail.
The applicant has been arrested on 18/7/18 by Police StationIndergarh District Datia (M.P.) in connection with Crime No. 8/2018registered in relation to the offences punishable u/Ss. 363, 366, 376(2)of IPC and Section 5 (L)/6 of POCSO Act.
It is the submission of learned counsel for the applicant thatprosecutrix has turned hostile in the case and did not support the storyof prosecution. It appears that she left her maternal home on her ownvolition and she is major. A false case has been registered against him.Confinement amounts to pre-trial detention as applicant is behind thebars since 18/7/18.
Learned Public Prosecutor for the State opposed the applicationand prayed for its rejection by contending that on the basis of theallegations and the material available on record, no case for grant of bailis made out.
Considering the submissions made by learned counsel for theapplicant and looking to the fact that early conclusion of the trial is ableak possibility and prolonged pre-trial detention being an anathema tothe concept of liberty and the material placed on record does notdisclose the possibility of the applicant fleeing from justice, this Court isinclined to extend benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant bereleased on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the likeamount to the satisfaction of trial Court the trial Court for his regularappearance before the trial Court on the condition that he shall remainpresent before the Court concerned during the trial.
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 of the bond executed by him;bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the casemay be;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 will not commit an offence similar to the offence ofwhich he is accused;which he is accused;
5. The applicant will not seek unnecessary adjournments during thetrial; andtrial; 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 forcompliance.
C.c. as per rules.
ojha
(Anand Pathak)
V. Judge
YOGENDRA OJHA 2018.12.31 16:16:51 -08'00'