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2022 DIGILAW 733 (MP)

Rajesh Mashram v. State of Madhya Pradesh

2022-05-07

VISHAL MISHRA

body2022
JUDGMENT Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. The applicant has been arrested on 15.03.2022 by Police Station Mehadwani, District Dindori (M.P.) in connection with Crime No.21/2022 for the offence punishable under Sections 363 and 365 of the Indian Penal Code. It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted that the statement of the victim recorded under Section 164 of the Cr.P.C., there is no allegation of rape against the present applicant. She has stated that she with her own will left the house of her parents and went with the present applicant to do some work. It is further submitted that the investigation is over and the charge-sheet has been filed in the matter on 04.04.2022. applicant is the first offender and is in custody since 15.03.2022. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail. Per contra, learned counsel appearing for the State has vehemently opposed the application but could not dispute the fact that the applicant is the first offender and factum of filing of charge-sheet is also not disputed by the State counsel. Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court. 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 investigation/trial, as the case may be; 3. 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 investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not involve in any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled; 5. The applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; 7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court; 8 . The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same. In view of the COVID-19, jail authorities are directed to follow the Covid-19 protocol as per the Government guidelines before releasing the applicant on bail. Application stands allowed and disposed of.