Jitendra Namdev vs The State Of Madhya Pradesh
2021 Latest Caselaw 7419 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.53099/2021
               Jitendra Namdev Vs. State of M.P.

Gwalior Bench:
Dated :15.11.2021

       Shri Ranjeet Khanvilkar, learned counsel for the applicant.

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

Ms. Ayushi Vyas, learned counsel for the complainant.

The applicant has filed this second bail application u/S.439 Cr.P.C.

for grant of bail. Applicant has been arrested on 27.07.2021 by Police

Station Dabra, District Gwalior in connection with Crime No.623/2021

for the offence punishable under Sections 376, 376(2)(N), 323, 506 of

IPC.

It is the submission of learned counsel for the applicant that the

applicant is suffering confinement since 27.07.2021 and charge sheet has

already been filed. This is a case where as per allegations, on false pretext

of marriage applicant and prosecutrix developed emotional/physical

intimacy. The applicant does not bear any criminal record. Confinement

amounts to pretrial detention. In support of his submissions, learned

counsel refers judgment of Apex Court in the case of Dr. Dhruvaram

Murlidhar Sonar Vs. State of Maharastra, AIR 2019 SC 327 and in

the case of Pramod Suryabhan Pawar Vs. State of Maharastra,

(2019) SCC OnLine SC 1073 and in the case of Deelip Singh @ Dilip

Kumar Vs. State of Bihar, AIR 2005 SC 203. He undertakes to

cooperate in the investigation/trial and make himself available as and

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.53099/2021 Jitendra Namdev Vs. State of M.P.

when required by the trial court and would not be a source of

embarrassment or harassment to the complainant party in any manner.

On these grounds, he prayed for bail.

Learned counsel for the State as well as counsel for the

complainant opposed the prayer and prayed for its rejection.

Heard learned counsel for the parties.

Considering the facts situation of the case, without commenting on

the merits of the case, the application is allowed. It is directed that the

applicant shall be released on bail on furnishing a personal bond in the

sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent

sureties of the like amount to the satisfaction of the Trial Court

concerned.

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/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;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.53099/2021 Jitendra Namdev Vs. State of M.P.

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;

7. The applicant shall mark his presence before the concerned Police Station in first week of every month, till conclusion of trial.

8. The applicant shall not be a source of embarrassment or harassment to the prosecutrix in any manner, shall not contact her through any means physical or electronic and shall not move in her vicinity;

E- copy of this order be sent to the trial Court concerned for

compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.

(Anand Pathak) Judge neetu NEETU SHASHAN K 2021.11.1 6 11:05:48 +05'30'