Madhya Pradesh High Court
MCRC/51797/2018 of NANDI SHARMA @ ROOPNARAYAN SHARMA Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C. No.51797/2018 (Nandi Sharma Vs. State of M.P.)
THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.51797/2018(Nandi Sharma Vs. State of M.P.)
Gwalior, dated : 31/12/2018
Shri Vivek Vyas, learned counsel for the applicant.
Shri Rajesh Pathak, learned Public Prosecutor for therespondent-State.
With consent heard finally.
This is the second bail application under Section 439 ofCr.P.C. on behalf of the applicant. First application was dismissedas withdrawn vide order dated 03/12/2018. The applicant is incustody since 21/05/2018 in connection with Crime No.139/2018registered at Police Station Station Road, District-Morena for theoffence punishable under Sections 363, 376 of IPC and Section3/4 of POCSO Act.
It is the submission of counsel for the applicant that afterwithdrawal of first bail application, court statements of theprosecutrix and her mother were recorded and in their respectivestatements, they have not supported the story of the prosecutionand declared hostile. In the change circumstances, looking to thetestimonies of the witnesses, applicant is entitled for bail asconfinement amounts to pre trial detention. Applicant undertakes tocooperate in trial as well as in the investigation as and whenrequired.
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-Nandi Sharma be released on bail on THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.51797/2018(Nandi Sharma Vs. State of M.P.)
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty 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 the Court concerned during the trial.
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This order will remain operative subject to compliance of the following conditions by the applicant:-
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
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