Pradum Kahar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4262 MP

                                                                        1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 28th OF MARCH, 2022

                                                   MISC. CRIMINAL CASE No. 15153 of 2022

                                          Between:-
                                          PRADUM KAHAR S/O SHRI KASHIRAM KAHAR ,
                                          AGED ABOUT 22 YEARS, OCCUPATION: LABOUR
                                          R/O VILLAGE BELKHEDA TEHSIL AND POLICE
                                          STATION CHAND DISTRICT CHHINDWARA M.P.
                                          (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                          (BY SHRI ALOK NAYAK, ADVOCATE)

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH
                                          POLICE   STATION    CHOURAI    DISTRICT
                                          CHHINDWARA M.P. (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                          (BY SHRI AJEET KUMAR RAWAT, GOVT. ADVOCATE)

                                       This application coming on for admission this day, the court passed the
                                 following:
                                                                         ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail.

T he applicant has been arrested on 20.2.2022 by Police Station Chourai, District-Chhindwara in connection with Crime No.156/2022 for the offence punishable under Sections 376(2)(n), 506 of the Indian Penal Code.

It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is further submitted that prosecutrix is a major aged about 23 years and is a consenting party. As per prosecution case, on false pretext of marriage the applicant has committing sexual intercourse with the prosecutrix since 2020. The applicant is a first offender and is in custody since 20.2.2022; therefore, there is no further requirement of custodial interrogation of the applicant. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Pramod Suryabham Pawar Vs. State Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.29 10:24:52 IST of Maharashtra & Anr. passed in Criminal Appeal No.1165 of 2019 (SLP

(CRl) No.2712 of 2019). On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the bail application and has prayed for dismissal of the same; however, he could dispute the fact that the applicant is the first offender as per the case diary records.

Considering the over all facts and circumstances of the case without commenting upon the merits of the case and also the judgment passed by the Hon'ble Supreme Court in the case of Pramod Suryabham Pawar (supra) this application is allowed. The applicant be released on bail subject to verification of the fact that the applicant is a first offender having no criminal history and 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. 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 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

Signature Not Verified Station about his residential address in the said area and it would be the duty of the SAN

Digitally signed by MOHD IRFAN Public Prosecutor to send E-copy of this order to SHO of concerned police SIDDIQUI Date: 2022.03.29 10:24:52 IST

station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

Application stands allowed and stands disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.29 10:24:52 IST