Manish Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 13595 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                       BEFORE
                  HON'BLE SHRI JUSTICE ANAND PATHAK
                         ON THE 14th OF OCTOBER, 2022

              MISC. CRIMINAL CASE NO. 47665 OF 2022

       Between:-

       MANISH JATAV S/O SHRI KARAN SINGH
       JATAV, AGED 30 YEARS, BY CASTE
       JATAV, OCCUPATION - GOVERNMENT
       SERVANT IN MADHYA PRADESH
       POLICE, R/O VILLAGE KARAHIYA
       TAHSHIL CHINOR, DISTRICT GWALIOR
       (MADHYA PRADESH)

                                                                ........APPLICANT

       (BY SHRI ARSHAD ALI - ADVOCATE)

       AND

       THE STATE OF MADHYA PRADESH
       THROUGH POLICE STATION KAMPOO,
       DISTRICT  GWALIOR      (MADHYA
       PRADESH)

                                                             ........RESPONDENT

       (BY SHRI KULDEEP SINGH - PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------

       This application coming on for admission this day, the Court

passed the following:

                                       ORDER

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 01.09.2022 by Police Station Kampoo, District Gwalior (Madhya Pradesh) in connection with Crime No.385/2022 for the offence punishable under Sections 376, 376 (2N), 506 of IPC.

It is the submission of learned counsel for applicant that applicant is suffering confinement since 01.09.2022. Charge sheet is likely to be filed soon. On pretext of marriage, emotional and physical proximity developed between the two and as per the allegations when applicant refused to marry to the prosecutrix then this case has been registered . He relied upon the judgment of the Apex Court in the cases of Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharastra, AIR 2019 SC 327 and Pramod Suryabhan Pawar Vs. State of Maharastra, (2019) SCC OnLine SC 1073 sought bail. Applicant does not bear any criminal record and chance of absconsion is remote because applicant is government employee. Confinement amounts to pretrial detention . He undertakes to cooperate in investigation/trial. Under these grounds, he prayed for bail.

Learned counsel for the respondent/State opposed the prayer and prayed for rejection of the application.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the submissions advanced by learned counsel for the parties, this Court intends to allow the application. It is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of 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 commit an offence similar to the offence of which he is accused;

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. The applicant shall not move in the vicinity of prosecutrix and shall not be a source of embarrassment and harassment to the complainant party in any manner.

Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

                                                                 (ANAND PATHAK)
AK/-                                                                 JUDGE
       ANAND KUMAR
       2022.10.14
       19:05:55 +05'30'