Varsingh vs State Of M.P.
2021 Latest Caselaw 3898 MP

      :1:
                                      M.Cr.C.No.35177-2021

  THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

                      M.Cr.C.No.35177-2021
   ( Varsingh s/o Mansingh Bhabor vs. State of Madhya Pradesh )
Indore, Dated: 03/08/2021
      Heard through Video Conferencing.
      Shri O.P. Solanki, learned counsel for the applicant.
      Shri Shashwat Seth, learned Panel Lawyer for the
respondent/State.

This is the applicant's first bail application under Section

439 of Criminal Procedure Code, 1973. He is implicated in

connection with Crime No.255/2012 registered at Police Station-

Jhabua, District- Jhabua (MP) for offence punishable under

Sections 363, 366, 376, 34 of the I.P.C.

The applicant is in jail since 18.06.2021.

The allegation against the applicant is that he also aided in

the commission of the aforesaid offence, which was committed by

the main accused Rakesh.

Counsel for the applicant has submitted that the date of

incident is 30.3.2012 and the applicant has been arrested only on

18.6.2021 as he was not present on the spot and had subsequently

left the place to earn his livelihood. Counsel has further submitted

that all the other co-accused persons have already been acquitted

from the offence as the prosecutrix has clearly stated in her

deposition before the trial court that she had solemnized marriage

with the main accused Rakesh on her own free will. Counsel has

also submitted that no purpose would be served to keep the

M.Cr.C.No.35177-2021

applicant in jail in such circumstances that all the other co-accused

persons have already been acquitted from the offence and it is not

a case where the applicant was absconding from the court of law.

Thus, it is submitted that the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the

prayer and it is submitted that the case diary is not available.

Having considered the rival submissions, on perusal of the

documents filed by the applicant on record which includes the

copy of the judgment rendered by the trial court wherein all the

other co-accused persons have been acquitted from the offence and

so far as the prosecutrix is concerned, she has also not supported

the prosecution case, this Court finds forced with the contention

raised by the counsel for the applicant, the application deserves to

be allowed.

Accordingly, without adverting to the merits of the case, the

application filed by the applicant is hereby allowed. The applicant

is directed to be released on bail upon furnishing a personal bond

in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one

solvent surety of the like amount to the satisfaction of the trial

Court for his / her regular appearance before the trial Court during

trial with a condition that he / she shall remain present before the

court concerned during trial and shall also abide by the conditions

enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be

M.Cr.C.No.35177-2021

involved in any criminal activities, after his release on bail, then

the present bail order shall stand cancelled without further

reference to this Court; and the State / prosecution will be free to

arrest the accused in the present case also.

This order shall be effective till the end of the trial, however,

in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(SUBODH ABHYANKAR ) JUDGE

moni

Digitally signed by MONI RAJU Date: 2021.08.04 10:23:57 +05'30'