Satish Sagar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1506 MP

                   HIGH COURT OF MADHYA PRADESH
            1                                    M.Cr.C.No.17582/2021
                    (Satish Sagar Vs. State of M.P. )

Gwalior Bench: Dated 22/4/2021
     Shri V.K.Saxena, learned senior counsel with Shri Ayush

Saxena, counsel for the applicant.

        Shri Nitin Goyal, learned PL for the respondent/State.

Shri Nirmal Sharma, learned counsel for the complainant.

Matter is heard through Video Conferencing.

The applicant has filed this first bail application u/S.438

Cr.P.C for grant of anticipatory bail. Applicant is apprehending

his arrest in connection with Crime No.409/2020 registered at

police Station, Gola Ka Mandir, Distt. Gwalior, for the offence

punishable under Sections 376(2)n, 366, 342, 323, 294, 34 of

IPC.

It is the submission of learned counsel for the applicant that

he is apprehending his arrest on the basis of registration of

offences referred above. As per the contents of FIR, no allegation

of rape or abduction exists against the applicant and prior to

commission of offence of rape, applicant left the place. In

absence of any ingredients of offence of rape, applicant seeks

anticipatory bail as confinement may bring social disrepute and

personal inconvenience. It is further submitted that co-accused

Rahul Yadav has been given benefit of anticipatory bail by this

Court vide order dated 31.3.2021 passed in HIGH COURT OF MADHYA PRADESH

(Satish Sagar Vs. State of M.P. )

M.Cr.C.No.16101/2021. He undertakes to cooperate in

investigation/trial and would not be a source of

embarrassment/harassment to the complainant party in any

manner. On such premises, he prayed for anticipatory bail.

Learned counsel for the State as well as learned counsel for

the complainant opposed the prayer and prayed for dismissal of

the application.

Heard learned counsel for the parties at length and

considered the arguments advanced by them.

Considering the rival submissions as well as fact situation

of the case, but without expressing any opinion on the merits of

the case, this Court is inclined to allow the application under

Section 438 of Cr.P.C but with certain stringent conditions in

view of judgment of Apex Court in the case of Aparna Bhat &

Ors Vs. State of Madhya Pradesh & Anr., (Criminal Appeal

No. 329/2021 decided on 18th March, 2021). It is directed that

applicant shall be released on bail in case of his arrest on

furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One

Lac Only) with two solvent sureties of Rs.50,000/- each to the

satisfaction of Arresting Authority/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

HIGH COURT OF MADHYA PRADESH

(Satish Sagar Vs. State of M.P. )

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant will 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 he shall not move in the vicinity of the prosecutrix and shall not be a source of embarrassment/harassment to her in any manner;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall appear before the police Station, Gola Ka Mandir, Distt. Gwalior, on every Sunday between 10.30 am to 2 pm till filing of the charge-sheet.

8. As per the mandate of Apex Court in the case of Aparna Bhat (Supra), SHO of Police Station Gola Ka Mandir, District Gwalior or Investigating Officer would intimate the complainant party about the fact that applicant Satish Sagar has been released on anticipatory bail with stringent conditions and if he is found causing embarrassment to the victim or her family, then this benefit of bail shall be immediately withdrawn ;

9. A report be submitted by the SHO Police Station Gola Ka Mandir, District Gwalior or Investigation Officer about the HIGH COURT OF MADHYA PRADESH

(Satish Sagar Vs. State of M.P. )

compliance so made and same shall be placed as PUD before this Court for perusal.

Application stands disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules directions.

(Anand Pathak) Judge ms/-

MADHU SOODAN PRASAD 2021.04.23 13:08:09 -07'00'