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Madhya Pradesh High Court · body

2019 DIGILAW 501 (MP)

Rahul Manjhi v. State of M. P.

2019-07-10

A.K.SHRIVASTAVA

body2019
ORDER 1. Case diary is available. 2. Documents filed vide I.A. No. 11682/2019 are taken on record. 3. This is first application filed on behalf of the applicant under section 439 of CrPC for grant of bail. 4. The applicant has been arrested on 18.5.2019 in connection with Crime No. 121/2019 registered by Police Station Sohagi, District Rewa for offence punishable under sections 376, 376(2)(n) of IPC and section 5/8 of POCSO Act. 5. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. There is delay of one year in lodging of FIR. The prosecutrix has filed an affidavit stating therein that she has no objection if the applicant is released on bail. The applicant is in jail since 18.5.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail. 6. Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection, however, learned counsel for the Objector submits that vide I.A. No. 11682/2019, the prosecutrix has filed an affidavit in which she has stated that she has no objection if the applicant is released on bail. 7. Heard counsel for the parties and perused the case diary. 8. Having considered entire facts and circumstances of the case and looking to the affidavit filed by the prosecutrix, this Court is of the view that the applicant deserves to be released on bail, therefore, without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that the applicant- Rahul Manjhi be released on bail on furnishing a personal bond for the sum of Rs. 50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is ordered that the applicant- Rahul Manjhi be released on bail on furnishing a personal bond for the sum of Rs. 50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. 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 him; (2) The applicant will cooperate in the trial; (3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; (4) The applicant shall not commit an offence similar to the offence of which he 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. (7) The applicant shall inform the Investigating Officer/Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time. (8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever. 9. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.