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Madhya Pradesh High Court · body

2014 DIGILAW 910 (MP)

Pushpa Sharma @ Pappy v. State of M. P.

2014-07-28

SHEEL NAGU

body2014
JUDGMENT 1.Case Diary is perused. Learned counsel for the rival parties are heard. 2. The applicant has filed this first application u/s. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Hazira, District Gwalior in connection with Crime No. 246 of 2014 registered in relation to the offences punishable u/s. 376-D of IPC, Section 3(1) (x) of SC & ST (Prevention of Atrocities) Act and Sections 3/5 of vuSfrd nsg O;kikj fuokj.k vf/kfu;eA 3. Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 4. Considering the facts that applicant is in custody since 01/07/2014 and the charge-sheet has since been filed and the applicant being woman aged 40 years is alleged with assisting co-accused Sunil and Pappu in committing rape against the prosecutrix who is said to be aged 26 years and trial is not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the 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 be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court. 5. 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 conditions of the bond executed by her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of 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.