Meghraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 6229 MP

                                                   1
                IN         THE     HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                              BEFORE
                                 HON'BLE SMT. JUSTICE SUNITA YADAV
                                       ON THE 18 th OF APRIL, 2023
                                 MISC. CRIMINAL CASE No. 9171 of 2023

              BETWEEN:-
              MEGHRAJ S/O SHRI KAMAL SINGH @ KAMLU LODHA,
              AGED     ABOUT       45   YEARS, OCCUPATION:
              AGRICULTURIST    VILLAGE   MAHUGADHA     P.S.
              DHARNAVADA (MADHYA PRADESH)

                                                                                 .....APPLICANT
              (SHRI SHOBHENDRA KUMAR TIWARI, LEARNED COUNSEL FOR THE
              PETITIONER) .

              AND
              THE STATE OF MADHYA PRADESH INCHARGE POLICE
              STATION THROUGH POLICE STATION DHARNAVADA
              (MADHYA PRADESH)

                                                                              .....RESPONDENTS
              (SHRI ROHIT MISHRA -A.A.G.- APPEARING ON BEHALF OF ADVOCATE
              GENERAL).

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

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dharnavada, District Guna in connection with crime No. 423/2020 registered for the offence punishable under Section 376 (D) of IPC.

Allegations against the applicant/accused, in short, Signature Not Verified are that he committed Signed by: SANJAY NAMDEORAO DURGEKAR rape upon the prosecutrix.

Signing time: 19-04-2023 09:57:08 AM

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that entire prosecution story is suspicious because co-accused who was allegedly involved with the present applicant in the crime has been acquitted by the learned trial Court by its judgment dated 08/03/2022 on account of statement of the prosecutrix, in which, she stated that the applicant and co-accused were not the persons who committed the offence with her. The applicant is in custody since 07/02/2023. Charge sheet has since been filed and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District

Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

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

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR

1) The applicant will comply with all the terms and conditions of the Signing time: 19-04-2023 09:57:08 AM bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself 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 shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 19-04-2023 09:57:08 AM